# Official Journal L 337/2007

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 337 |
| | |
| English edition | Legislation | Volume 5021 December 2007 |

ISSN 1725-2555

Official Journal

of the European Union

L 337

English edition

Legislation

Volume 5021 December 2007

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL |
| | * | Decision No 1530/2007/EC of the European Parliament and of the Council of 24 October 2007 on the mobilisation of the EU Solidarity Fund according to point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management | 1 |
| | | REGULATIONS |
| | * | Council Regulation (EC) No 1531/2007 of 10 December 2007 on trade in certain steel products between the European Community and the Republic of Kazakhstan | 2 |
| | * | Council Regulation (EC) No 1532/2007 of 17 December 2007 amending Regulation (EEC) No 3491/90 on imports of rice originating in Bangladesh | 19 |
| | * | Council Regulation (EC) No 1533/2007 of 17 December 2007 amending Regulations (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing opportunities and associated conditions for certain fish stocks | 21 |
| | | Commission Regulation (EC) No 1534/2007 of 20 December 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables | 33 |
| | * | Commission Regulation (EC) No 1535/2007 of 20 December 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the sector of agricultural production | 35 |
| | * | Commission Regulation (EC) No 1536/2007 of 20 December 2007 on initiating a new exporter review of Council Regulation (EC) No 1659/2005 imposing a definitive anti-dumping duty on imports of certain magnesia bricks originating in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration | 42 |
| | * | Commission Regulation (EC) No 1537/2007 of 20 December 2007 providing for compensation to producer organisations for tuna delivered to the processing industry between 1 January and 31 March 2007 | 46 |
| | * | Commission Regulation (EC) No 1538/2007 of 20 December 2007 amending Regulation (EC) No 327/98 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice | 49 |
| | * | Commission Regulation (EC) No 1539/2007 of 20 December 2007 fixing the coefficients applicable to cereals exported in the form of Scotch whisky for the period 2007/08 | 50 |
| | * | Commission Regulation (EC) No 1540/2007 of 20 December 2007 fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2007/08 | 52 |
| | * | Commission Regulation (EC) No 1541/2007 of 20 December 2007 on proof of completion of customs formalities for the import of sugar into third countries as provided for in Article 16 of Regulation (EC) No 800/1999 | 54 |
| | * | Commission Regulation (EC) No 1542/2007 of 20 December 2007 on landing and weighing procedures for herring, mackerel and horse mackerel | 56 |
| | * | Commission Regulation (EC) No 1543/2007 of 20 December 2007 amending Regulation (EC) No 581/2004 opening a standing invitation to tender for export refunds concerning certain types of butter and Regulation (EC) No 582/2004 opening a standing invitation to tender for exports refunds concerning skimmed milk powder | 62 |
| | * | Commission Regulation (EC) No 1544/2007 of 20 December 2007 amending Regulation (EC) No 2707/2000 laying down rules for applying Council Regulation (EC) No 1255/1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments | 64 |
| | * | Commission Regulation (EC) No 1545/2007 of 20 December 2007 fixing the complementary quantity of raw cane sugar originating in the ACP States and India for supply to refineries in the period from 1 October 2007 to 30 September 2008 | 67 |
| | * | Commission Regulation (EC) No 1546/2007 of 20 December 2007 amending Regulation (EC) No 1898/2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market | 68 |
| | * | Commission Regulation (EC) No 1547/2007 of 20 December 2007 establishing a transitional period for withdrawing the Republic of Cape Verde from the list of beneficiary countries of the special arrangement for least developed countries, as set out in Council Regulation (EC) No 980/2005 applying a scheme of generalised tariff preferences | 70 |
| | * | Commission Regulation (EC) No 1548/2007 of 20 December 2007 amending Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials | 71 |
| | * | Commission Regulation (EC) No 1549/2007 of 20 December 2007 amending Regulation (EC) No 616/2007 opening and providing for the administration of certain Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries | 75 |
| | * | Commission Regulation (EC) No 1550/2007 of 20 December 2007 amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers | 79 |
| | | Commission Regulation (EC) No 1551/2007 of 20 December 2007 fixing the export refunds on white and raw sugar exported without further processing | 85 |
| | | Commission Regulation (EC) No 1552/2007 of 20 December 2007 fixing the export refunds on syrups and certain other sugar products exported without further processing | 87 |
| | | Commission Regulation (EC) No 1553/2007 of 20 December 2007 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 900/2007 | 89 |
| | | Commission Regulation (EC) No 1554/2007 of 20 December 2007 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 1060/2007 | 90 |
| | | Commission Regulation (EC) Νo 1555/2007 of 20 December 2007 fixing the export refunds on products processed from cereals and rice | 91 |
| | | Commission Regulation (EC) No 1556/2007 of 20 December 2007 fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty | 94 |
| | | Commission Regulation (EC) No 1557/2007 of 20 December 2007 fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty | 98 |
| | | DIRECTIVES |
| | * | Commission Directive 2007/76/EC of 20 December 2007 amending Council Directive 91/414/EEC to include fludioxonil, clomazone and prosulfocarb as active substances (
  1
  ) | 100 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

*

Decision No 1530/2007/EC of the European Parliament and of the Council of 24 October 2007 on the mobilisation of the EU Solidarity Fund according to point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

1

REGULATIONS

*

Council Regulation (EC) No 1531/2007 of 10 December 2007 on trade in certain steel products between the European Community and the Republic of Kazakhstan

2

*

Council Regulation (EC) No 1532/2007 of 17 December 2007 amending Regulation (EEC) No 3491/90 on imports of rice originating in Bangladesh

19

*

Council Regulation (EC) No 1533/2007 of 17 December 2007 amending Regulations (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing opportunities and associated conditions for certain fish stocks

21

Commission Regulation (EC) No 1534/2007 of 20 December 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

33

*

Commission Regulation (EC) No 1535/2007 of 20 December 2007 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the sector of agricultural production

de minimis

35

*

Commission Regulation (EC) No 1536/2007 of 20 December 2007 on initiating a new exporter review of Council Regulation (EC) No 1659/2005 imposing a definitive anti-dumping duty on imports of certain magnesia bricks originating in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration

42

*

Commission Regulation (EC) No 1537/2007 of 20 December 2007 providing for compensation to producer organisations for tuna delivered to the processing industry between 1 January and 31 March 2007

46

*

Commission Regulation (EC) No 1538/2007 of 20 December 2007 amending Regulation (EC) No 327/98 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice

49

*

Commission Regulation (EC) No 1539/2007 of 20 December 2007 fixing the coefficients applicable to cereals exported in the form of Scotch whisky for the period 2007/08

50

*

Commission Regulation (EC) No 1540/2007 of 20 December 2007 fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2007/08

52

*

Commission Regulation (EC) No 1541/2007 of 20 December 2007 on proof of completion of customs formalities for the import of sugar into third countries as provided for in Article 16 of Regulation (EC) No 800/1999

54

*

Commission Regulation (EC) No 1542/2007 of 20 December 2007 on landing and weighing procedures for herring, mackerel and horse mackerel

56

*

Commission Regulation (EC) No 1543/2007 of 20 December 2007 amending Regulation (EC) No 581/2004 opening a standing invitation to tender for export refunds concerning certain types of butter and Regulation (EC) No 582/2004 opening a standing invitation to tender for exports refunds concerning skimmed milk powder

62

*

Commission Regulation (EC) No 1544/2007 of 20 December 2007 amending Regulation (EC) No 2707/2000 laying down rules for applying Council Regulation (EC) No 1255/1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments

64

*

Commission Regulation (EC) No 1545/2007 of 20 December 2007 fixing the complementary quantity of raw cane sugar originating in the ACP States and India for supply to refineries in the period from 1 October 2007 to 30 September 2008

67

*

Commission Regulation (EC) No 1546/2007 of 20 December 2007 amending Regulation (EC) No 1898/2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market

68

*

Commission Regulation (EC) No 1547/2007 of 20 December 2007 establishing a transitional period for withdrawing the Republic of Cape Verde from the list of beneficiary countries of the special arrangement for least developed countries, as set out in Council Regulation (EC) No 980/2005 applying a scheme of generalised tariff preferences

70

*

Commission Regulation (EC) No 1548/2007 of 20 December 2007 amending Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials

71

*

Commission Regulation (EC) No 1549/2007 of 20 December 2007 amending Regulation (EC) No 616/2007 opening and providing for the administration of certain Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries

75

*

Commission Regulation (EC) No 1550/2007 of 20 December 2007 amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers

79

Commission Regulation (EC) No 1551/2007 of 20 December 2007 fixing the export refunds on white and raw sugar exported without further processing

85

Commission Regulation (EC) No 1552/2007 of 20 December 2007 fixing the export refunds on syrups and certain other sugar products exported without further processing

87

Commission Regulation (EC) No 1553/2007 of 20 December 2007 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 900/2007

89

Commission Regulation (EC) No 1554/2007 of 20 December 2007 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 1060/2007

90

Commission Regulation (EC) Νo 1555/2007 of 20 December 2007 fixing the export refunds on products processed from cereals and rice

91

Commission Regulation (EC) No 1556/2007 of 20 December 2007 fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty

94

Commission Regulation (EC) No 1557/2007 of 20 December 2007 fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty

98

DIRECTIVES

*

Commission Directive 2007/76/EC of 20 December 2007 amending Council Directive 91/414/EEC to include fludioxonil, clomazone and prosulfocarb as active substances (
  1
  )

1

100

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2007/858/EC |
| | * | Council Decision of 17 December 2007 appointing the Chairperson of the Board of Appeal of the Community Plant Variety Office and his Alternate | 105 |
| | | 2007/859/EC |
| | * | Council Decision of 22 October 2007 on the conclusion of the Protocol amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade | 106 |
| Protocol amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade | 108 |
| | | 2007/860/EC |
| | * | Council Decision of 10 December 2007 providing Community macro-financial assistance to Lebanon | 111 |
| | | 2007/861/EC |
| | * | Council Decision of 10 December 2007 on the signing and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products | 113 |
| Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products | 114 |
| | | Commission |
| | | 2007/862/EC |
| | * | Commission Decision of 13 December 2007 amending Decision 2006/805/EC as regards animal health control measures relating to classical swine fever in Hungary and Slovakia
  (notified under document number C(2007) 6158)

   (
  1
  ) | 119 |
| | | 2007/863/EC |
| | * | Commission Decision of 14 December 2007 granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources
  (notified under document number C(2007) 6281) | 122 |
| | | 2007/864/EC |
| | * | Commission Decision of 20 December 2007 amending Appendix B to Annex XII to the 2003 Act of Accession as regards certain establishments in the meat sector in Poland
  (notified under document number C(2007) 6490)

   (
  1
  ) | 127 |
| | | 2007/865/EC |
| | * | Commission Decision of 20 December 2007 amending Appendix B to Annex XII to the 2003 Act of Accession as regards certain establishments in the meat sector in Poland
  (notified under document number C(2007) 6494)

   (
  1
  ) | 129 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Council

2007/858/EC

*

Council Decision of 17 December 2007 appointing the Chairperson of the Board of Appeal of the Community Plant Variety Office and his Alternate

105

2007/859/EC

*

Council Decision of 22 October 2007 on the conclusion of the Protocol amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade

106

Protocol amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade

108

2007/860/EC

*

Council Decision of 10 December 2007 providing Community macro-financial assistance to Lebanon

111

2007/861/EC

*

Council Decision of 10 December 2007 on the signing and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products

113

Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products

114

Commission

2007/862/EC

*

Commission Decision of 13 December 2007 amending Decision 2006/805/EC as regards animal health control measures relating to classical swine fever in Hungary and Slovakia
  (notified under document number C(2007) 6158)

   (
  1
  )

(notified under document number C(2007) 6158)

1

119

2007/863/EC

*

Commission Decision of 14 December 2007 granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources
  (notified under document number C(2007) 6281)

(notified under document number C(2007) 6281)

122

2007/864/EC

*

Commission Decision of 20 December 2007 amending Appendix B to Annex XII to the 2003 Act of Accession as regards certain establishments in the meat sector in Poland
  (notified under document number C(2007) 6490)

   (
  1
  )

(notified under document number C(2007) 6490)

1

127

2007/865/EC

*

Commission Decision of 20 December 2007 amending Appendix B to Annex XII to the 2003 Act of Accession as regards certain establishments in the meat sector in Poland
  (notified under document number C(2007) 6494)

   (
  1
  )

(notified under document number C(2007) 6494)

1

129

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

DECISIONS ADOPTED JOINTLY BY THE EUROPEAN PARLIAMENT AND THE COUNCIL

| 21.12.2007 | EN | Official Journal of the European Union | L 337/1 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/1

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DECISION No 1530/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 24 October 2007

on the mobilisation of the EU Solidarity Fund according to point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,

Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),

Having regard to the proposal from the Commission,

Whereas:

| (1) | The European Union has created a European Union Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters. |
| --- | --- |

(1)

The European Union has created a European Union Solidarity Fund (the Fund) to show solidarity with the population of regions struck by disasters.

| (2) | The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion. |
| --- | --- |

(2)

The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

| (3) | Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised. |
| --- | --- |

(3)

Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

| (4) | Germany and France submitted applications to mobilise the Fund, concerning two disasters caused by a major storm and a tropical cyclone respectively, |
| --- | --- |

(4)

Germany and France submitted applications to mobilise the Fund, concerning two disasters caused by a major storm and a tropical cyclone respectively,

HAVE DECIDED AS FOLLOWS:

Article 1

For the general budget of the European Union for the financial year 2007, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 172 195 985 in commitment and payment appropriations.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Done at Strasbourg, 24 October 2007.

For the European Parliament

The President

H.-G. PÖTTERING

For the Council

The President

M. LOBO ANTUNES

---

(1)  OJ C 139, 14.6.2006, p. 1.

1

(2)  OJ L 311, 14.11.2002, p. 3.

2

---

REGULATIONS

| 21.12.2007 | EN | Official Journal of the European Union | L 337/2 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/2

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COUNCIL REGULATION (EC) No 1531/2007

of 10 December 2007

on trade in certain steel products between the European Community and the Republic of Kazakhstan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | Article 17(1) of the Partnership and Cooperation Agreement between the European Communities and their Member States, and the Republic of Kazakhstan (1) provides that trade in certain steel products are to be subject to a specific agreement on quantitative arrangements. |
| --- | --- |

(1)

Article 17(1) of the Partnership and Cooperation Agreement between the European Communities and their Member States, and the Republic of Kazakhstan (1) provides that trade in certain steel products are to be subject to a specific agreement on quantitative arrangements.

| (2) | The bilateral agreement between the European Community and the Government of the Republic of Kazakhstan on trade in certain steel products (2) concluded on 19 July 2005 has expired on 31 December 2006. In 2007 autonomous measures established by Council Regulation (EC) No 1870/2006 (3) have governed the trade in certain steel products between the European Community and Kazakhstan. |
| --- | --- |

(2)

The bilateral agreement between the European Community and the Government of the Republic of Kazakhstan on trade in certain steel products (2) concluded on 19 July 2005 has expired on 31 December 2006. In 2007 autonomous measures established by Council Regulation (EC) No 1870/2006 (3) have governed the trade in certain steel products between the European Community and Kazakhstan.

| (3) | Both Parties intend to conclude a new agreement for 2008 and subsequent years. |
| --- | --- |

(3)

Both Parties intend to conclude a new agreement for 2008 and subsequent years.

| (4) | Pending the signature and entry into force of the new agreement, quantitative limits for the year 2008 should be established. |
| --- | --- |

(4)

Pending the signature and entry into force of the new agreement, quantitative limits for the year 2008 should be established.

| (5) | Given that the conditions that led to the fixing of the quantitative limits for 2007 remain largely in place, it is appropriate to set the quantitative limits for 2008 at the same level as that of 2007. |
| --- | --- |

(5)

Given that the conditions that led to the fixing of the quantitative limits for 2007 remain largely in place, it is appropriate to set the quantitative limits for 2008 at the same level as that of 2007.

| (6) | It is necessary to provide the means to administer this regime within the Community in such a way as to facilitate the implementation of the new agreement by envisaging as much as possible similar provisions. |
| --- | --- |

(6)

It is necessary to provide the means to administer this regime within the Community in such a way as to facilitate the implementation of the new agreement by envisaging as much as possible similar provisions.

| (7) | It is necessary to ensure that the origin of the products in question is checked and appropriate methods of administrative cooperation are set up to this end. |
| --- | --- |

(7)

It is necessary to ensure that the origin of the products in question is checked and appropriate methods of administrative cooperation are set up to this end.

| (8) | Products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) should not be counted against the limits established for the products in question. |
| --- | --- |

(8)

Products placed in a free zone or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system) should not be counted against the limits established for the products in question.

| (9) | The effective application of this Regulation calls for the introduction of a requirement for a Community import licence for the entry into free circulation in the Community of the products in question. |
| --- | --- |

(9)

The effective application of this Regulation calls for the introduction of a requirement for a Community import licence for the entry into free circulation in the Community of the products in question.

| (10) | In order to ensure that these quantitative limits are not exceeded, it is necessary to establish a management procedure whereby the competent authorities of the Member States do not issue import licences before obtaining confirmation from the Commission that appropriate amounts remain available within the quantitative limit in question, |
| --- | --- |

(10)

In order to ensure that these quantitative limits are not exceeded, it is necessary to establish a management procedure whereby the competent authorities of the Member States do not issue import licences before obtaining confirmation from the Commission that appropriate amounts remain available within the quantitative limit in question,

HAS ADOPTED THIS REGULATION:

Article 1

1.   This Regulation shall apply from 1 January 2008 to 31 December 2008 to imports into the Community of steel products listed in Annex I originating in the Republic of Kazakhstan.

2.   The steel products shall be classified in product groups as set out in Annex I.

3.   The classification of products listed in Annex I shall be based on the Combined Nomenclature (CN) established by Council Regulation (EEC) No 2658/87 (4).

4.   The origin of the products referred to in paragraph 1 shall be determined in accordance with the rules in force in the Community.

Article 2

1.   The importation into the Community of the steel products listed in Annex I originating in the Republic of Kazakhstan shall be subject to the quantitative limits laid down in Annex V. The release for free circulation in the Community of the products set out in Annex I originating in the Republic of Kazakhstan shall be subject to the presentation of a certificate of origin, set out in Annex II, and of an import licence issued by the Member States' authorities in accordance with the provisions of Article 4.

2.   In order to ensure that quantities for which import licences are issued do not exceed at any moment the total quantitative limits for each product group, the competent authorities listed in Annex IV shall issue import licences only upon confirmation by the Commission that there are still quantities available within the quantitative limits for the relevant product group of steel products in respect of the supplier country, for which an importer or importers have submitted applications to the said authorities.

3.   The authorised imports shall be counted against the relevant quantitative limit set out in Annex V. Shipment of products shall be considered as having taken place on the date on which they were loaded onto the exporting means of transport.

Article 3

1.   The quantitative limits referred to in Annex V shall not apply to products placed in a free zone or free warehouse or imported under the arrangements governing customs warehouses, temporary importation or inward processing (suspension system).

2.   Where the products referred to in paragraph 1 are subsequently released for free circulation, either in the unaltered state or after working or processing, Article 2(2) shall apply and the products so released shall be counted against the relevant quantitative limit set out in Annex V.

Article 4

1.   For the purpose of applying Article 2(2), before issuing import licences, the competent authorities of the Member States listed in Annex IV shall notify the Commission of the amounts of the requests for import licences, supported by original export licences, which they have received. By return, the Commission shall notify whether the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States are received (first come, first served basis).

2.   The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the exporting country, the product code concerned, the amounts to be imported, the number of the export licence, the quota year and the Member State in which the products are intended to be put into free circulation.

3.   As far as possible, the Commission shall confirm to the authorities the full amount indicated in the requests notified for each group of products.

4.   The competent authorities shall notify the Commission immediately after being informed of any quantity that is not used during the duration of validity of the import licence. Such unused quantities shall automatically be transferred into the remaining quantities of the total Community quantitative limit for each product group.

5.   The notifications referred to in paragraphs 1 to 4 shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.

6.   The import licences or equivalent documents shall be issued in accordance with Articles 12 to 16.

7.   The competent authorities of the Member States shall notify the Commission of any cancellation of import licences or equivalent documents already issued in cases where the corresponding export licences have been withdrawn or cancelled by the competent authorities of the Republic of Kazakhstan. However, if the Commission or the competent authorities of a Member State have been informed by the competent authorities of the Republic of Kazakhstan of the withdrawal or cancellation of an export licence after the related products have been imported into the Community, the quantities in question shall be set off against the relevant quantitative limit set out in Annex V.

Article 5

1.   Where the Commission has indications that products listed in Annex I originating in the Republic of Kazakhstan have been transhipped, rerouted or otherwise imported into the Community through circumvention of the quantitative limits referred to in Article 2 and that there is a need for the necessary adjustments to be made, it shall request that consultations be opened so that agreement may be reached on the necessary adjustment of the corresponding quantitative limits to be made.

2.   Pending the outcome of the consultations referred to in paragraph 1, the Commission may ask the Republic of Kazakhstan to take the necessary precautionary steps to ensure that adjustments to the quantitative limits agreed following such consultations may be carried out.

3.   Should the Community and the Republic of Kazakhstan fail to arrive at a satisfactory solution and should the Commission note that there is clear evidence of circumvention, the Commission shall deduct from the quantitative limits an equivalent volume of products originating in the Republic of Kazakhstan.

Article 6

1.   An export licence (to be issued by the competent authorities of the Republic of Kazakhstan) shall be required in respect of any consignment of steel products subject to the quantitative limits laid down in Annex V up to the level of the said limits.

2.   The original of the export licence shall be presented by the importer for the purposes of the issue of the import licence referred to in Article 12.

Article 7

1.   The export licence for quantitative limits shall conform to the specimen set out in Annex II and shall certify, inter alia, that the quantity of goods in question has been set off against the quantitative limit established for the product group concerned.

2.   Each export licence shall cover only one of the product groups listed in Annex I.

Article 8

Exports shall be set off against the relevant quantitative limits set out in Annex V and shipped within the meaning of Article 2(3).

Article 9

1.   The export licence referred to in Article 6 may include additional copies duly indicated as such. The export licence and the copies thereof as well as the certificate of origin and the copies thereof shall be drawn up in English.

2.   If the documents referred to in paragraph 1 are completed by hand, entries must be in ink and in block letters.

3.   The export licences or equivalent documents shall measure 210 × 297 mm. The paper shall be white writing paper, sized, not containing mechanical pulp and weighing not less than 25 g/m2. Each part shall have a printed guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.

4.   Only the original shall be accepted by the competent authorities in the Community as being valid for import purposes in accordance with the provisions of this Regulation.

5.   Each export licence or equivalent document shall bear a standardised serial number, whether or not printed, by which it can be identified.

6.   The serial number shall be composed of the following elements:

| — | two letters identifying the exporting country as follows:







  KZ | = | Republic of Kazakhstan, |
| --- | --- | --- | --- |

—

two letters identifying the exporting country as follows:

KZ

=

Republic of Kazakhstan,

| — | two letters identifying the Member State of intended destination as follows:







  BE | = | Belgium |
| --- | --- | --- | --- |
| BG | = | Bulgaria |
| CZ | = | Czech Republic |
| DK | = | Denmark |
| DE | = | Germany |
| EE | = | Estonia |
| GR | = | Greece |
| ES | = | Spain |
| FR | = | France |
| IE | = | Ireland |
| IT | = | Italy |
| CY | = | Cyprus |
| LV | = | Latvia |
| LT | = | Lithuania |
| LU | = | Luxembourg |
| HU | = | Hungary |
| MT | = | Malta |
| NL | = | Netherlands |
| AT | = | Austria |
| PL | = | Poland |
| PT | = | Portugal |
| RO | = | Romania |
| SI | = | Slovenia |
| SK | = | Slovakia |
| FI | = | Finland |
| SE | = | Sweden |
| GB | = | United Kingdom, |

—

two letters identifying the Member State of intended destination as follows:

BE

=

Belgium

BG

=

Bulgaria

CZ

=

Czech Republic

DK

=

Denmark

DE

=

Germany

EE

=

Estonia

GR

=

Greece

ES

=

Spain

FR

=

France

IE

=

Ireland

IT

=

Italy

CY

=

Cyprus

LV

=

Latvia

LT

=

Lithuania

LU

=

Luxembourg

HU

=

Hungary

MT

=

Malta

NL

=

Netherlands

AT

=

Austria

PL

=

Poland

PT

=

Portugal

RO

=

Romania

SI

=

Slovenia

SK

=

Slovakia

FI

=

Finland

SE

=

Sweden

GB

=

United Kingdom,

| — | a one-digit number identifying the quota year corresponding to the last figure in the year in question, e.g. ‘4’ for 2004, |
| --- | --- |

—

a one-digit number identifying the quota year corresponding to the last figure in the year in question, e.g. ‘4’ for 2004,

| — | a two-digit number identifying the issuing office in the exporting country, |
| --- | --- |

—

a two-digit number identifying the issuing office in the exporting country,

| — | a five-digit number running consecutively from 00 001 to 99 999 allocated to the specific Member State of destination. |
| --- | --- |

—

a five-digit number running consecutively from 00 001 to 99 999 allocated to the specific Member State of destination.

Article 10

The export licence may be issued after the shipment of the products to which it relates. In such cases it shall bear the endorsement ‘issued retrospectively’.

Article 11

In the event of the theft, loss or destruction of an export licence, the exporter may apply to the competent authority which issued the document for a duplicate to be made out on the basis of the export documents in his possession.

The duplicate licence issued in this way shall bear the endorsement ‘duplicate’. It shall bear the date of the original licence.

Article 12

1.   To the extent that the Commission pursuant to Article 4 has confirmed that the amount requested is available within the quantitative limit in question, the competent authorities of the Member States shall issue an import licence within a maximum of five working days of the presentation by the importer of the original of the corresponding export licence. This presentation must be effected not later than 31 March of the year following that in which the goods covered by the licence have been shipped. Import licences shall be issued by the competent authorities of any Member State irrespective of the Member State indicated on the export licence, to the extent that the Commission, pursuant to Article 4, has confirmed that the amount requested is available within the quantitative limit in question.

2.   The import licences shall be valid for four months from the date of their issue. Upon duly motivated request by an importer, the competent authorities of a Member State may extend the duration of validity for a further period not exceeding four months.

3.   Import licences shall be drawn up in the form set out in Annex III and shall be valid throughout the customs territory of the Community.

4.   The declaration or request made by the importer in order to obtain the import licence shall contain:

| (a) | the full name and address of the exporter; |
| --- | --- |

(a)

the full name and address of the exporter;

| (b) | the full name and address of the importer; |
| --- | --- |

(b)

the full name and address of the importer;

| (c) | the exact description of the goods and the TARIC code(s); |
| --- | --- |

(c)

the exact description of the goods and the TARIC code(s);

| (d) | the country of origin of the goods; |
| --- | --- |

(d)

the country of origin of the goods;

| (e) | the country of consignment; |
| --- | --- |

(e)

the country of consignment;

| (f) | the appropriate product group and the quantity for the products in question; |
| --- | --- |

(f)

the appropriate product group and the quantity for the products in question;

| (g) | the net weight by TARIC heading; |
| --- | --- |

(g)

the net weight by TARIC heading;

| (h) | the c.i.f. value of the products at Community frontier by TARIC heading; |
| --- | --- |

(h)

the c.i.f. value of the products at Community frontier by TARIC heading;

| (i) | whether the products concerned are seconds or of substandard quality; |
| --- | --- |

(i)

whether the products concerned are seconds or of substandard quality;

| (j) | where appropriate, dates of payment and delivery and a copy of the bill of lading and of the purchase contract; |
| --- | --- |

(j)

where appropriate, dates of payment and delivery and a copy of the bill of lading and of the purchase contract;

| (k) | date and number of the export licence; |
| --- | --- |

(k)

date and number of the export licence;

| (l) | any internal code used for administrative purposes; |
| --- | --- |

(l)

any internal code used for administrative purposes;

| (m) | date and signature of importer. |
| --- | --- |

(m)

date and signature of importer.

5.   Importers shall not be obliged to import the total quantity covered by an import licence in a single consignment.

Article 13

The validity of import licences issued by the authorities of the Member States shall be subject to the validity of export licences and the quantities indicated in the export licences issued by the competent authorities of the Republic of Kazakhstan on the basis of which the import licences have been issued.

Article 14

Import licences or equivalent documents shall be issued by the competent authorities of the Member States in conformity with Article 2(2) and without discrimination to any importer in the Community wherever the place of his establishment may be in the Community, without prejudice to compliance with other conditions required under the current rules.

Article 15

1.   If the Commission finds that the total quantities covered by export licences issued by the Republic of Kazakhstan for a particular product group exceed the quantitative limit established for that product group, the competent licence authorities in the Member States shall be informed immediately in order to suspend the further issue of import licences. In this event, consultations shall be initiated forthwith by the Commission.

2.   The competent authorities of a Member State shall refuse to issue import licences for products originating in the Republic of Kazakhstan which are not covered by export licenses issued in accordance with the provisions of Articles 6 to 11.

Article 16

1.   The forms to be used by the competent authorities of the Member States for issuing the import licences referred to in Article 12 shall conform to the specimen of the import licence set out in Annex III.

2.   Import licence forms and extracts thereof shall be drawn up in duplicate, one copy, marked ‘Holder's copy’ and bearing the number 1 to be issued to the applicant, and the other, marked ‘Copy for the issuing authority’ and bearing the number 2, to be kept by the authority issuing the licence. For administrative purposes the competent authorities may add additional copies to form 2.

3.   Forms shall be printed on white paper free of mechanical pulp, dressed for writing and weighing between 55 and 65 g/m2. Their size shall be 210 × 297 mm; the type space between the lines shall be 4,24 mm (one sixth of an inch); the layout of the forms shall be followed precisely. Both sides of copy No 1, which is the licence itself, shall in addition have a red printed guilloche pattern background so as to reveal any falsification by mechanical or chemical means.

4.   Member States shall be responsible for having the forms printed. The forms may also be printed by printers appointed by the Member State in which they are established. In the latter case, reference to the appointment by the Member State must appear on each form. Each form shall bear an identification of the printer's name and address or a mark enabling the printer to be identified.

5.   At the time of their issue the import licences or extracts shall be given an issue number determined by the competent authorities of the Member State. The import licence number shall be notified to the Commission electronically within the integrated network set up under Article 4.

6.   Licences and extracts shall be completed in the official language, or one of the official languages, of the Member State of issue.

7.   In box 10 the competent authorities shall indicate the appropriate steel product group.

8.   The marks of the issuing agencies and debiting authorities shall be applied by means of a stamp. However, an embossing press combined with letters or figures obtained by means of perforation, or printing on the licence may be substituted for the issuing authority's stamp. The issuing authorities shall use any tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references.

9.   The reverse of copy No 1 and copy No 2 shall bear a box in which quantities may be entered, either by the customs authorities when import formalities are completed, or by the competent administrative authorities when an extract is issued. If the space set aside for debits on a licence or extract thereof is insufficient, the competent authorities may attach one or more extension pages bearing boxes matching those on the reverse of copy No 1 and copy No 2 of the licence or extract. The debiting authorities shall place their stamp in such a way that one half is on the licence or extract thereof and the other half is on the extension page. If there is more than one extension page, a further stamp shall be placed in like manner across each page and the preceding page.

10.   Import licences and extracts issued, and entries and endorsements made, by the authorities of one Member State shall have the same legal effect in each of the other Member States as documents issued, and entries and endorsements made, by the authorities of such Member States.

11.   The competent authorities of the Member States concerned may, where indispensable, require the contents of licences or extracts to be translated into the official language or one or the official languages of that Member State.

Article 17

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 December 2007.

For the Council

The President

L. AMADO

---

(1)  OJ L 196, 28.7.1999, p. 3.

1

(2)  OJ L 232, 8.9.2005, p. 64.

2

(3)  OJ L 360, 19.12.2006, p. 1.

3

(4)  OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Commission Regulation (EC) No 1352/2007 (OJ L 303, 21.11.2007, p. 3).

4

---

ANNEX I

SA Flat-rolled products

SA1. Coils

| | 7208100000 |
| --- | --- |

7208100000

| | 7208250000 |
| --- | --- |

7208250000

| | 7208260000 |
| --- | --- |

7208260000

| | 7208270000 |
| --- | --- |

7208270000

| | 7208360000 |
| --- | --- |

7208360000

| | 7208370010 |
| --- | --- |

7208370010

| | 7208370090 |
| --- | --- |

7208370090

| | 7208380010 |
| --- | --- |

7208380010

| | 7208380090 |
| --- | --- |

7208380090

| | 7208390010 |
| --- | --- |

7208390010

| | 7208390090 |
| --- | --- |

7208390090

| | 7211140010 |
| --- | --- |

7211140010

| | 7211190010 |
| --- | --- |

7211190010

| | 7219110000 |
| --- | --- |

7219110000

| | 7219121000 |
| --- | --- |

7219121000

| | 7219129000 |
| --- | --- |

7219129000

| | 7219131000 |
| --- | --- |

7219131000

| | 7219139000 |
| --- | --- |

7219139000

| | 7219141000 |
| --- | --- |

7219141000

| | 7219149000 |
| --- | --- |

7219149000

| | 7225301000 |
| --- | --- |

7225301000

| | 7225303010 |
| --- | --- |

7225303010

| | 7225309000 |
| --- | --- |

7225309000

| | 7225401510 |
| --- | --- |

7225401510

| | 7225502010 |
| --- | --- |

7225502010

SA2. Heavy Plate

| | 7208400010 |
| --- | --- |

7208400010

| | 7208512000 |
| --- | --- |

7208512000

| | 7208519100 |
| --- | --- |

7208519100

| | 7208519800 |
| --- | --- |

7208519800

| | 7208529100 |
| --- | --- |

7208529100

| | 7208521000 |
| --- | --- |

7208521000

| | 7208529900 |
| --- | --- |

7208529900

| | 7208531000 |
| --- | --- |

7208531000

| | 7211130000 |
| --- | --- |

7211130000

SA3. Other flat rolled products

| | 7208400090 |
| --- | --- |

7208400090

| | 7208539000 |
| --- | --- |

7208539000

| | 7208540000 |
| --- | --- |

7208540000

| | 7208908010 |
| --- | --- |

7208908010

| | 7209150000 |
| --- | --- |

7209150000

| | 7209161000 |
| --- | --- |

7209161000

| | 7209169000 |
| --- | --- |

7209169000

| | 7209171000 |
| --- | --- |

7209171000

| | 7209179000 |
| --- | --- |

7209179000

| | 7209181000 |
| --- | --- |

7209181000

| | 7209189100 |
| --- | --- |

7209189100

| | 7209189900 |
| --- | --- |

7209189900

| | 7209250000 |
| --- | --- |

7209250000

| | 7209261000 |
| --- | --- |

7209261000

| | 7209269000 |
| --- | --- |

7209269000

| | 7209271000 |
| --- | --- |

7209271000

| | 7209279000 |
| --- | --- |

7209279000

| | 7209281000 |
| --- | --- |

7209281000

| | 7209289000 |
| --- | --- |

7209289000

| | 7209908010 |
| --- | --- |

7209908010

| | 7210110010 |
| --- | --- |

7210110010

| | 7210122010 |
| --- | --- |

7210122010

| | 7210128010 |
| --- | --- |

7210128010

| | 7210200010 |
| --- | --- |

7210200010

| | 7210300010 |
| --- | --- |

7210300010

| | 7210410010 |
| --- | --- |

7210410010

| | 7210490010 |
| --- | --- |

7210490010

| | 7210500010 |
| --- | --- |

7210500010

| | 7210610010 |
| --- | --- |

7210610010

| | 7210690010 |
| --- | --- |

7210690010

| | 7210701010 |
| --- | --- |

7210701010

| | 7210708010 |
| --- | --- |

7210708010

| | 7210903010 |
| --- | --- |

7210903010

| | 7210904010 |
| --- | --- |

7210904010

| | 7210908091 |
| --- | --- |

7210908091

| | 7211140090 |
| --- | --- |

7211140090

| | 7211190090 |
| --- | --- |

7211190090

| | 7211232010 |
| --- | --- |

7211232010

| | 7211233010 |
| --- | --- |

7211233010

| | 7211233091 |
| --- | --- |

7211233091

| | 7211238010 |
| --- | --- |

7211238010

| | 7211238091 |
| --- | --- |

7211238091

| | 7211290010 |
| --- | --- |

7211290010

| | 7211908010 |
| --- | --- |

7211908010

| | 7212101000 |
| --- | --- |

7212101000

| | 7212109011 |
| --- | --- |

7212109011

| | 7212200011 |
| --- | --- |

7212200011

| | 7212300011 |
| --- | --- |

7212300011

| | 7212402010 |
| --- | --- |

7212402010

| | 7212402091 |
| --- | --- |

7212402091

| | 7212408011 |
| --- | --- |

7212408011

| | 7212502011 |
| --- | --- |

7212502011

| | 7212503011 |
| --- | --- |

7212503011

| | 7212504011 |
| --- | --- |

7212504011

| | 7212506111 |
| --- | --- |

7212506111

| | 7212506911 |
| --- | --- |

7212506911

| | 7212509013 |
| --- | --- |

7212509013

| | 7212600011 |
| --- | --- |

7212600011

| | 7212600091 |
| --- | --- |

7212600091

| | 7219211000 |
| --- | --- |

7219211000

| | 7219219000 |
| --- | --- |

7219219000

| | 7219221000 |
| --- | --- |

7219221000

| | 7219229000 |
| --- | --- |

7219229000

| | 7219230000 |
| --- | --- |

7219230000

| | 7219240000 |
| --- | --- |

7219240000

| | 7219310000 |
| --- | --- |

7219310000

| | 7219321000 |
| --- | --- |

7219321000

| | 7219329000 |
| --- | --- |

7219329000

| | 7219331000 |
| --- | --- |

7219331000

| | 7219339000 |
| --- | --- |

7219339000

| | 7219341000 |
| --- | --- |

7219341000

| | 7219349000 |
| --- | --- |

7219349000

| | 7219351000 |
| --- | --- |

7219351000

| | 7219359000 |
| --- | --- |

7219359000

| | 7225401290 |
| --- | --- |

7225401290

| | 7225409000 |
| --- | --- |

7225409000

---

ANNEX II

Image

Image

Image

Image

---

ANNEX III

Image

Image

Image

Image

---

ANNEX IV

СПИСЪК НА КОМПЕТЕНТНИТЕ НАЦИОНАЛНИ ОРГАНИ

LISTA DE LAS AUTORIDADES NACIONALES COMPETENTES

SEZNAM PŘÍSLUŠNÝCH VNITROSTÁTNÍCH ORGÁNŮ

LISTE OVER KOMPETENTE NATIONALE MYNDIGHEDER

LISTE DER ZUSTÄNDIGEN BEHÖRDEN DER MITGLIEDSTAATEN

PÄDEVATE RIIKLIKE ASUTUSTE NIMEKIRI

ΔΙΕΥΘΥΝΣΕΙΣ ΤΩΝ ΑΡΧΩΝ ΕΚΔΟΣΗΣ ΑΔΕΙΩΝ ΤΩΝ ΚΡΑΤΩΝ ΜΕΛΩΝ

LIST OF THE COMPETENT NATIONAL AUTHORITIES

LISTE DES AUTORITÉS NATIONALES COMPÉTENTES

ELENCO DELLE COMPETENTI AUTORITÀ NAZIONALI

VALSTU KOMPETENTO IESTĀŽU SARAKSTS

ATSAKINGŲ NACIONALINIŲ INSTITUCIJŲ SĄRAŠAS

AZ ILLETÉKES NEMZETI HATÓSÁGOK LISTÁJA

LISTA TA' L-AWTORITAJIET KOMPETENTI NAZZJONALI

LIJST VAN BEVOEGDE NATIONALE AUTORITEITEN

WYKAZ WŁAŚCIWYCH ORGANÓW KRAJOWYCH

LISTA DAS AUTORIDADES NACIONAIS COMPETENTES

LISTA AUTORITĂȚILOR NAȚIONALE COMPETENTE

ZOZNAM PRÍSLUŠNÝCH ŠTÁTNYCH ORGÁNOV

SEZNAM PRISTOJNIH NACIONALNIH ORGANOV

LUETTELO TOIMIVALTAISISTA KANSALLISISTA VIRANOMAISISTA

FÖRTECKNING ÖVER BEHÖRIGA NATIONELLA MYNDIGHETER

| | BELGIQUE/BELGIË





  Service public fédéral de l'économie, des PME, des classes moyennes et de l'énergie |
| --- | --- |
| Direction générale du potentiel économique |
| Service des licences |
| Rue de Louvain 44 |
| B-1000 Bruxelles |
| Fax (32-2) 277 50 63 |

BELGIQUE/BELGIË

Service public fédéral de l'économie, des PME, des classes moyennes et de l'énergie

Direction générale du potentiel économique

Service des licences

Rue de Louvain 44

B-1000 Bruxelles

Fax (32-2) 277 50 63

| Federale Overheidsdienst Economie, KMO, |
| --- |
| Middenstand & Energie |
| Algemene Directie Economisch Potentieel |
| Dienst Vergunningen |
| Leuvenseweg 44 |
| B-1000 Brussel |
| Fax (32-2) 277 50 63 |

Federale Overheidsdienst Economie, KMO,

Middenstand & Energie

Algemene Directie Economisch Potentieel

Dienst Vergunningen

Leuvenseweg 44

B-1000 Brussel

Fax (32-2) 277 50 63

| | БЪЛГАРИЯ





  Министерство на икономиката и енергетиката |
| --- | --- |
| дирекция ‘Регистриране, лицензиране и контрол’ |
| ул. ‘Славянска’ No 8 |
| 1052 София |
| Факс: (359-2) 981 50 41 |
| Fax: | (359-2) 980 47 10
  (359-2) 988 36 54 |

БЪЛГАРИЯ

Министерство на икономиката и енергетиката

дирекция ‘Регистриране, лицензиране и контрол’

ул. ‘Славянска’ No 8

1052 София

Факс: (359-2) 981 50 41

Fax:

(359-2) 980 47 10

(359-2) 988 36 54

| | ČESKÁ REPUBLIKA





  Ministerstvo průmyslu a obchodu |
| --- | --- |
| Licenční správa |
| Na Františku 32 |
| CZ-110 15 Praha 1 |
| Fax: (420) 224 21 21 33 |

ČESKÁ REPUBLIKA

Ministerstvo průmyslu a obchodu

Licenční správa

Na Františku 32

CZ-110 15 Praha 1

Fax: (420) 224 21 21 33

| | DANMARK





  Erhvervs- og Byggestyrelsen |
| --- | --- |
| Økonomi- og Erhvervsministeriet |
| Langelinie Allé 17 |
| DK-2100 København Ø |
| Fax: (45) 35 46 60 01 |

DANMARK

Erhvervs- og Byggestyrelsen

Økonomi- og Erhvervsministeriet

Langelinie Allé 17

DK-2100 København Ø

Fax: (45) 35 46 60 01

| | DEUTSCHLAND





  Bundesamt für Wirtschaft und Ausfuhrkontrolle, |
| --- | --- |
| (BAFA) |
| Frankfurter Straße 29—35 |
| D-65760 Eschborn 1 |
| Fax: (49) 6196 90 88 00 |

DEUTSCHLAND

Bundesamt für Wirtschaft und Ausfuhrkontrolle,

(BAFA)

Frankfurter Straße 29—35

D-65760 Eschborn 1

Fax: (49) 6196 90 88 00

| | EESTI





  Majandus- ja Kommunikatsiooniministeerium |
| --- | --- |
| Harju 11 |
| EE-15072 Tallinn |
| Faks: + 372 631 3660 |

EESTI

Majandus- ja Kommunikatsiooniministeerium

Harju 11

EE-15072 Tallinn

Faks: + 372 631 3660

| | IRELAND





  Department of Enterprise, Trade and Employment |
| --- | --- |
| Import/Export Licensing, Block C |
| Earlsfort Centre |
| Hatch Street |
| IE-Dublin 2 |
| Fax: + 353-1-631 25 62 |

IRELAND

Department of Enterprise, Trade and Employment

Import/Export Licensing, Block C

Earlsfort Centre

Hatch Street

IE-Dublin 2

Fax: + 353-1-631 25 62

| | ΕΛΛΑΔΑ





  Υπουργείο Οικονομίας & Οικονομικών |
| --- | --- |
| Γενική Διεύθυνση Διεθνούς Οικονομικής Πολιτικής |
| Διεύθυνση Καθεστώτων Εισαγωγών-Εξαγωγών, |
| Εμπορικής Άμυνας |
| Κορνάρου 1 |
| GR-105 63 Αθήνα |
| Φαξ: (30-210) 328 60 94 |

ΕΛΛΑΔΑ

Υπουργείο Οικονομίας & Οικονομικών

Γενική Διεύθυνση Διεθνούς Οικονομικής Πολιτικής

Διεύθυνση Καθεστώτων Εισαγωγών-Εξαγωγών,

Εμπορικής Άμυνας

Κορνάρου 1

GR-105 63 Αθήνα

Φαξ: (30-210) 328 60 94

| | ESPAÑA





  Ministerio de Industria, Turismo y Comercio |
| --- | --- |
| Secretaría General de Comercio Exterior |
| Subdirección General de Comercio Exterior de Productos Industriales |
| Paseo de la Castellana 162 |
| E-28046 Madrid |
| Fax: + 34-91 349 38 31 |

ESPAÑA

Ministerio de Industria, Turismo y Comercio

Secretaría General de Comercio Exterior

Subdirección General de Comercio Exterior de Productos Industriales

Paseo de la Castellana 162

E-28046 Madrid

Fax: + 34-91 349 38 31

| | FRANCE





  Ministère de l'économie, des finances et de l'industrie |
| --- | --- |
| Direction générale des entreprises |
| Sous-direction des biens de consommation |
| Bureau textile-importations |
| Le Bervil |
| 12, rue Villiot |
| F-75572 Paris Cedex 12 |
| Fax (33) 153 44 91 81 |

FRANCE

Ministère de l'économie, des finances et de l'industrie

Direction générale des entreprises

Sous-direction des biens de consommation

Bureau textile-importations

Le Bervil

12, rue Villiot

F-75572 Paris Cedex 12

Fax (33) 153 44 91 81

| | ITALIA





  Ministero delle Attività produttive |
| --- | --- |
| Direzione generale per la politica commerciale e per la gestione del regime degli scambi |
| Viale America, 341 |
| I-00144 Roma |
| Fax (39) 06 59 93 22 35/59 93 26 36 |

ITALIA

Ministero delle Attività produttive

Direzione generale per la politica commerciale e per la gestione del regime degli scambi

Viale America, 341

I-00144 Roma

Fax (39) 06 59 93 22 35/59 93 26 36

| | KYPROS





  Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού |
| --- | --- |
| Υπηρεσία Εμπορίου |
| Μονάδα Έκδοσης Αδειών Εισαγωγής/Εξαγωγής |
| Οδός Ανδρέα Αραούζου Αρ. 6 |
| CY-1421 Λευκωσία |
| Φαξ: (357) 22 37 51 20 |

KYPROS

Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού

Υπηρεσία Εμπορίου

Μονάδα Έκδοσης Αδειών Εισαγωγής/Εξαγωγής

Οδός Ανδρέα Αραούζου Αρ. 6

CY-1421 Λευκωσία

Φαξ: (357) 22 37 51 20

| | LATVIJA





  Latvijas Republikas Ekonomikas ministrija |
| --- | --- |
| Brīvības iela 55 |
| LV-1519 Rīga |
| Fakss: + 371-728 08 82 |

LATVIJA

Latvijas Republikas Ekonomikas ministrija

Brīvības iela 55

LV-1519 Rīga

Fakss: + 371-728 08 82

| | LIETUVA





  Lietuvos Respublikos ūkio ministerija |
| --- | --- |
| Prekybos departamentas |
| Gedimino pr. 38/2 |
| LT-01104 Vilnius |
| Fax: + 370-5-26 23 974 |

LIETUVA

Lietuvos Respublikos ūkio ministerija

Prekybos departamentas

Gedimino pr. 38/2

LT-01104 Vilnius

Fax: + 370-5-26 23 974

| | LUXEMBOURG





  Ministère de l'économie et du commerce extérieur |
| --- | --- |
| Office des licences |
| BP 113 |
| L-2011 Luxembourg |
| Fax (352) 46 61 38 |

LUXEMBOURG

Ministère de l'économie et du commerce extérieur

Office des licences

BP 113

L-2011 Luxembourg

Fax (352) 46 61 38

| | MAGYARORSZÁG





  Magyar Kereskedelmi Engedélyezési Hivatal |
| --- | --- |
| Margit krt. 85. |
| HU-1024 Budapest |
| Fax: (36-1) 336 73 02 |

MAGYARORSZÁG

Magyar Kereskedelmi Engedélyezési Hivatal

Margit krt. 85.

HU-1024 Budapest

Fax: (36-1) 336 73 02

| | MALTA





  Diviżjoni għall-Kummerċ |
| --- | --- |
| Servizzi Kummerċjali |
| Lascaris |
| MT-Valletta CMR02 |
| Fax: (356) 25 69 02 99 |

MALTA

Diviżjoni għall-Kummerċ

Servizzi Kummerċjali

Lascaris

MT-Valletta CMR02

Fax: (356) 25 69 02 99

| | NEDERLAND





  Belastingdienst/Douane centrale dienst voor in- en uitvoer |
| --- | --- |
| Postbus 30003, Engelse Kamp 2 |
| NL-9700 RD Groningen |
| Fax (31-50) 523 23 41 |

NEDERLAND

Belastingdienst/Douane centrale dienst voor in- en uitvoer

Postbus 30003, Engelse Kamp 2

NL-9700 RD Groningen

Fax (31-50) 523 23 41

| | ÖSTERREICH





  Bundesministerium für Wirtschaft und Arbeit |
| --- | --- |
| Außenwirtschaftsadministration |
| Abteilung C2/2 |
| Stubenring 1 |
| A-1011 Wien |
| Fax: (43-1) 7 11 00/83 86 |

ÖSTERREICH

Bundesministerium für Wirtschaft und Arbeit

Außenwirtschaftsadministration

Abteilung C2/2

Stubenring 1

A-1011 Wien

Fax: (43-1) 7 11 00/83 86

| | POLSKA





  Ministerstwo Gospodarki |
| --- | --- |
| Plac Trzech Krzyży 3/5 |
| 00-507 Warszawa |
| Polska |
| Fax: (48-22) 693 40 21/693 40 22 |

POLSKA

Ministerstwo Gospodarki

Plac Trzech Krzyży 3/5

00-507 Warszawa

Polska

Fax: (48-22) 693 40 21/693 40 22

| | PORTUGAL





  Ministério das Finanças e da Administração Pública |
| --- | --- |
| Direcção-Geral das Alfândegas e dos Impostos |
| Especiais sobre o Consumo |
| Rua da Alfândega, n.o 5, r/c |
| P-1149-006 Lisboa |
| Fax: (+ 351) 218 81 39 90 |

PORTUGAL

Ministério das Finanças e da Administração Pública

Direcção-Geral das Alfândegas e dos Impostos

Especiais sobre o Consumo

Rua da Alfândega, n.o 5, r/c

P-1149-006 Lisboa

Fax: (+ 351) 218 81 39 90

| | ROMÂNIA





  Ministerul pentru Întreprinderi Mici și Mijlocii, Comerț, Turism și Profesii Liberale |
| --- | --- |
| Direcția Generală Politici Comerciale |
| Str. Ion Câmpineanu, nr. 16 |
| București, sector 1 |
| Cod poștal 010036 |
| Tel.: (40-21) 315 00 81, |
| Fax: (40-21) 315 04 54 |
| e-mail: clc@dce.gov.ro |

ROMÂNIA

Ministerul pentru Întreprinderi Mici și Mijlocii, Comerț, Turism și Profesii Liberale

Direcția Generală Politici Comerciale

Str. Ion Câmpineanu, nr. 16

București, sector 1

Cod poștal 010036

Tel.: (40-21) 315 00 81,

Fax: (40-21) 315 04 54

e-mail: clc@dce.gov.ro

| | SLOVENIJA





  Ministrstvo za finance |
| --- | --- |
| Carinska uprava Republike Slovenije |
| Carinski urad Jesenice |
| Spodnji plavž 6C |
| SI-4270 Jesenice |
| Faks (386-4) 297 44 56 |

SLOVENIJA

Ministrstvo za finance

Carinska uprava Republike Slovenije

Carinski urad Jesenice

Spodnji plavž 6C

SI-4270 Jesenice

Faks (386-4) 297 44 56

| | SLOVENSKO





  Odbor obchodnej politiky |
| --- | --- |
| Ministerstvo hospodárstva |
| Mierová 19 |
| 827 15 Bratislava 212 |
| Slovenská republika |
| Fax: (421-2) 48 54 31 16 |

SLOVENSKO

Odbor obchodnej politiky

Ministerstvo hospodárstva

Mierová 19

827 15 Bratislava 212

Slovenská republika

Fax: (421-2) 48 54 31 16

| | SUOMI/FINLAND





  Tullihallitus |
| --- | --- |
| PL 512 |
| FI-00101 Helsinki |
| Faksi + 358-20-492 28 52 |

SUOMI/FINLAND

Tullihallitus

PL 512

FI-00101 Helsinki

Faksi + 358-20-492 28 52

| Tullstyrelsen |
| --- |
| PB 512 |
| FI-00101 Helsingfors |
| Fax.: + 358-20-492 28 52 |

Tullstyrelsen

PB 512

FI-00101 Helsingfors

Fax.: + 358-20-492 28 52

| | SVERIGE





  Kommerskollegium |
| --- | --- |
| Box 6803 |
| S-113 86 Stockholm |
| Fax (46-8) 30 67 59 |

SVERIGE

Kommerskollegium

Box 6803

S-113 86 Stockholm

Fax (46-8) 30 67 59

| | UNITED KINGDOM





  Department of Trade and Industry |
| --- | --- |
| Import Licensing Branch |
| Queensway House — West Precinct |
| Billingham |
| UK-TS23 2NF |
| Fax + (44-1642) 36 42 69 |

UNITED KINGDOM

Department of Trade and Industry

Import Licensing Branch

Queensway House — West Precinct

Billingham

UK-TS23 2NF

Fax + (44-1642) 36 42 69

---

ANNEX V

QUANTITATIVE LIMITS

| (tonnes) |
| --- |
| Products | Year 2008 |
| SA. Flat products |
| SA1. Coils | 87 125 |
| SA2. Heavy plate | 0 |
| SA3. Other flat products | 117 875 |

(tonnes)

Products

Year 2008

SA. Flat products

SA1. Coils

87 125

SA2. Heavy plate

0

SA3. Other flat products

117 875

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/19 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/19

---

COUNCIL REGULATION (EC) No 1532/2007

of 17 December 2007

amending Regulation (EEC) No 3491/90 on imports of rice originating in Bangladesh

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | Article 1 of Council Regulation (EEC) No 3491/90 (1) provides for reductions in the import levies on rice imports from that country. Those reductions corresponded, on the one hand, to amounts fixed in ecus and, on the other hand, to the amount for the protection of the industry referred to in Article 14(3) of Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organisation of the market in rice (2). |
| --- | --- |

(1)

Article 1 of Council Regulation (EEC) No 3491/90 (1) provides for reductions in the import levies on rice imports from that country. Those reductions corresponded, on the one hand, to amounts fixed in ecus and, on the other hand, to the amount for the protection of the industry referred to in Article 14(3) of Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organisation of the market in rice (2).

| (2) | Since the arrangement was adopted, numerous changes have been made to the applicable horizontal rules but Regulation (EEC) No 3491/90 has not been amended accordingly. The factors provided for in Article 1 of that Regulation for calculating the duties applicable to imports must be applied having regard to the horizontal rules concerned, which creates a risk of diverging interpretations. |
| --- | --- |

(2)

Since the arrangement was adopted, numerous changes have been made to the applicable horizontal rules but Regulation (EEC) No 3491/90 has not been amended accordingly. The factors provided for in Article 1 of that Regulation for calculating the duties applicable to imports must be applied having regard to the horizontal rules concerned, which creates a risk of diverging interpretations.

| (3) | More particularly, from 1 July 1995, variable import levies were converted into customs duties, following the adoption of Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (3). |
| --- | --- |

(3)

More particularly, from 1 July 1995, variable import levies were converted into customs duties, following the adoption of Council Regulation (EC) No 3290/94 of 22 December 1994 on the adjustments and transitional arrangements required in the agriculture sector in order to implement the agreements concluded during the Uruguay Round of multilateral trade negotiations (3).

| (4) | The concept of ‘an amount for the protection of the industry’ was abolished from 1 July 2006 by Council Regulation (EC) No 797/2006 of 22 May 2006 amending Regulation (EC) No 1785/2003 as regards the arrangements for importing rice (4). |
| --- | --- |

(4)

The concept of ‘an amount for the protection of the industry’ was abolished from 1 July 2006 by Council Regulation (EC) No 797/2006 of 22 May 2006 amending Regulation (EC) No 1785/2003 as regards the arrangements for importing rice (4).

| (5) | The switch-over mechanism introduced in 1984 in the Community agrimonetary system, the purpose of which was to prevent agricultural exchange rates from developing in line with monetary rates, was abolished on 1 February 1995 by Council Regulation (EC) No 150/95 of 23 January 1995 amending Regulation (EEC) No 3813/92 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (5). When Regulation (EEC) No 3813/92 was repealed from 1 January 1999 by Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (6), the prices and amounts provided for in the common agricultural policy (CAP) expressed in ecus were increased in parallel by applying a correcting factor of 1,207509, to cancel out the effects of bringing the conversion rates used under the CAP back to a realistic level, and the same coefficient of 1,207509 was therefore applied from 1 February 1995 to the amounts provided for in Article 1 of Regulation (EEC) No 3491/90. |
| --- | --- |

(5)

The switch-over mechanism introduced in 1984 in the Community agrimonetary system, the purpose of which was to prevent agricultural exchange rates from developing in line with monetary rates, was abolished on 1 February 1995 by Council Regulation (EC) No 150/95 of 23 January 1995 amending Regulation (EEC) No 3813/92 on the unit of account and the conversion rates to be applied for the purposes of the common agricultural policy (5). When Regulation (EEC) No 3813/92 was repealed from 1 January 1999 by Council Regulation (EC) No 2799/98 of 15 December 1998 establishing agrimonetary arrangements for the euro (6), the prices and amounts provided for in the common agricultural policy (CAP) expressed in ecus were increased in parallel by applying a correcting factor of 1,207509, to cancel out the effects of bringing the conversion rates used under the CAP back to a realistic level, and the same coefficient of 1,207509 was therefore applied from 1 February 1995 to the amounts provided for in Article 1 of Regulation (EEC) No 3491/90.

| (6) | Regulation (EEC) No 3491/90 should therefore be amended to make it clear what factors are to be taken into account for calculating the import duties applicable to rice originating in Bangladesh imported under that Regulation, |
| --- | --- |

(6)

Regulation (EEC) No 3491/90 should therefore be amended to make it clear what factors are to be taken into account for calculating the import duties applicable to rice originating in Bangladesh imported under that Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EEC) No 3491/90 is hereby amended as follows:

| 1. | Article 1(1) shall be replaced by the following:
  ‘1.   For imports originating in Bangladesh and within the limits of the quantities laid down in Article 2, the import duty on rice falling within CN codes 1006 10 (excluding CN code 1006 10 10), 1006 20 and 1006 30 shall be equal:






  — | for paddy rice falling within CN codes 1006 10, with the exception of CN code 1006 10 10, to the customs duties fixed in the Common Customs Tariff, less 50 % and less a further EUR 4,34; |
| --- | --- | --- |

1.

Article 1(1) shall be replaced by the following:

‘1.   For imports originating in Bangladesh and within the limits of the quantities laid down in Article 2, the import duty on rice falling within CN codes 1006 10 (excluding CN code 1006 10 10), 1006 20 and 1006 30 shall be equal:

—

for paddy rice falling within CN codes 1006 10, with the exception of CN code 1006 10 10, to the customs duties fixed in the Common Customs Tariff, less 50 % and less a further EUR 4,34;

| — | for husked rice falling within CN code 1006 20, to the duty fixed in accordance with Article 11a of Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (7), less 50 % and less a further EUR 4,34; |
| --- | --- |

—

for husked rice falling within CN code 1006 20, to the duty fixed in accordance with Article 11a of Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (7), less 50 % and less a further EUR 4,34;

| — | for semi-milled and milled rice falling within CN code 1006 30, to the duty fixed pursuant to Article 11c of Regulation (EC) No 1785/2003, less EUR 16,78, less a further 50 % and less EUR 6,52. |
| --- | --- |

—

for semi-milled and milled rice falling within CN code 1006 30, to the duty fixed pursuant to Article 11c of Regulation (EC) No 1785/2003, less EUR 16,78, less a further 50 % and less EUR 6,52.

| 2. | Article 2(1) shall be amended as follows:






  (a) | in the first subparagraph, ‘levy’ shall be replaced by ‘import duty’; |
| --- | --- | --- |

2.

Article 2(1) shall be amended as follows:

(a)

in the first subparagraph, ‘levy’ shall be replaced by ‘import duty’;

| (b) | the second subparagraph shall be replaced by the following:
  ‘The quantities at stages of milling other than the husked-rice stage shall be converted using the conversion rates fixed in Article 1 of Regulation No 467/67/EEC of the Commission of 21 August 1967 fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processing (4).’; |
| --- | --- |

(b)

the second subparagraph shall be replaced by the following:

‘The quantities at stages of milling other than the husked-rice stage shall be converted using the conversion rates fixed in Article 1 of Regulation No 467/67/EEC of the Commission of 21 August 1967 fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processing (4).’;

| 3. | footnote 4 shall be amended as follows:






  ‘(4) | OJ 204, 24.8.1967, p. 1. Regulation as last amended by Regulation (EEC) No 2325/88 (OJ L 202, 27.7.1988, p. 41).’; |
| --- | --- | --- |

3.

footnote 4 shall be amended as follows:

‘(4)

OJ 204, 24.8.1967, p. 1. Regulation as last amended by Regulation (EEC) No 2325/88 (OJ L 202, 27.7.1988, p. 41).’;

| 4. | Article 3 shall be replaced by the following:
  ‘Article 3
  Detailed rules for the application of this Regulation shall be adopted in accordance with the procedures laid down in Article 26 of Regulation (EC) No 1785/2003.’ |
| --- | --- |

4.

Article 3 shall be replaced by the following:

‘Article 3

Detailed rules for the application of this Regulation shall be adopted in accordance with the procedures laid down in Article 26 of Regulation (EC) No 1785/2003.’

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 December 2007.

For the Council

The President

J. SILVA

---

(1)  OJ L 337, 4.12.1990, p. 1.

1

(2)  OJ L 166, 25.6.1976, p. 1. Regulation repealed by Regulation (EC) No 3072/95 (OJ L 329, 30.12.1995, p. 18).

2

(3)  OJ L 349, 31.12.1994, p. 105. Regulation as last amended by Regulation (EC) No 1340/98 (OJ L 184, 27.6.1998, p. 1).

3

(4)  OJ L 144, 31.5.2006, p. 1.

4

(5)  OJ L 22, 31.1.1995, p. 1.

5

(6)  OJ L 349, 24.12.1998, p. 1.

6

(7)  OJ L 270, 21.10.2003, p. 96. Regulation as last amended by Regulation (EC) No 797/2006.’;

7

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/21 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/21

---

COUNCIL REGULATION (EC) No 1533/2007

of 17 December 2007

amending Regulations (EC) No 2015/2006 and (EC) No 41/2007, as regards fishing opportunities and associated conditions for certain fish stocks

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (1), and in particular Article 20 thereof,

Having regard to Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (2), and in particular Article 8 thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | Regulation (EC) No 2015/2006 (3) fixes for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks. |
| --- | --- |

(1)

Regulation (EC) No 2015/2006 (3) fixes for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks.

| (2) | The North East Atlantic Fisheries Commission (NEAFC) at its extraordinary meeting in June 2007 decided to extend the recommendations on a prohibition to fish for orange roughy in the NEAFC Regulatory Area during the second half of 2007. These recommendations should be implemented in Community law. |
| --- | --- |

(2)

The North East Atlantic Fisheries Commission (NEAFC) at its extraordinary meeting in June 2007 decided to extend the recommendations on a prohibition to fish for orange roughy in the NEAFC Regulatory Area during the second half of 2007. These recommendations should be implemented in Community law.

| (3) | The conditions applying to the fishery in certain zones need to be clarified to ensure the correct application of the Agreement of 19 December 1966 between Norway, Denmark and Sweden on mutual access to fishing in the Skagerrak and the Kattegat. An amendment is therefore required. |
| --- | --- |

(3)

The conditions applying to the fishery in certain zones need to be clarified to ensure the correct application of the Agreement of 19 December 1966 between Norway, Denmark and Sweden on mutual access to fishing in the Skagerrak and the Kattegat. An amendment is therefore required.

| (4) | Regulation (EC) No 41/2007 (4) fixes for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required. |
| --- | --- |

(4)

Regulation (EC) No 41/2007 (4) fixes for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required.

| (5) | Pursuant to consultations between the Community and Iceland on 28 March 2007 an arrangement was reached on quotas for Icelandic vessels to be fished from the Community quota allocated under its Agreement with the Government of Denmark and the local Government of Greenland before 30 April 2007, and for Community vessels fishing for redfish in the Icelandic Exclusive Economic Zone to be fished between July and December. This arrangement should be implemented in Community law. |
| --- | --- |

(5)

Pursuant to consultations between the Community and Iceland on 28 March 2007 an arrangement was reached on quotas for Icelandic vessels to be fished from the Community quota allocated under its Agreement with the Government of Denmark and the local Government of Greenland before 30 April 2007, and for Community vessels fishing for redfish in the Icelandic Exclusive Economic Zone to be fished between July and December. This arrangement should be implemented in Community law.

| (6) | The conditions applying to the fishery in certain zones for a number of TACs need to be clarified to ensure the correct application of the Agreement of 19 December 1966 between Norway, Denmark and Sweden on mutual access to fishing in the Skagerrak and the Kattegat. An amendment is therefore required. |
| --- | --- |

(6)

The conditions applying to the fishery in certain zones for a number of TACs need to be clarified to ensure the correct application of the Agreement of 19 December 1966 between Norway, Denmark and Sweden on mutual access to fishing in the Skagerrak and the Kattegat. An amendment is therefore required.

| (7) | In relation to the application of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (5), the scientific status of certain stocks should to be clarified. |
| --- | --- |

(7)

In relation to the application of Council Regulation (EC) No 847/96 of 6 May 1996 introducing additional conditions for year-to-year management of TACs and quotas (5), the scientific status of certain stocks should to be clarified.

| (8) | Pursuant to Regulation (EC) No 847/96, when more than 75 % of a precautionary TAC has been utilised before 31 October of the year of its application, a Member State with a quota for the stock for which that TAC has been fixed may request an increase in the TAC. Such a request by the Netherlands has been found to be justified in relation to the TAC for turbot and brill in EC waters of IIa and IV and should be implemented. |
| --- | --- |

(8)

Pursuant to Regulation (EC) No 847/96, when more than 75 % of a precautionary TAC has been utilised before 31 October of the year of its application, a Member State with a quota for the stock for which that TAC has been fixed may request an increase in the TAC. Such a request by the Netherlands has been found to be justified in relation to the TAC for turbot and brill in EC waters of IIa and IV and should be implemented.

| (9) | Pursuant to written consultations between the Community and the Faeroe Islands, agreement was reached on access as regards herring in EC and international waters of ICES zones I and II. This arrangement should be implemented in Community law. |
| --- | --- |

(9)

Pursuant to written consultations between the Community and the Faeroe Islands, agreement was reached on access as regards herring in EC and international waters of ICES zones I and II. This arrangement should be implemented in Community law.

| (10) | In accordance with the Protocol to the Fisheries Partnership Agreement between the European Community and Greenland (6), an additional amount of Greenland halibut was allocated to the Community in east Greenland in 2007. This arrangement should be implemented in Community law. |
| --- | --- |

(10)

In accordance with the Protocol to the Fisheries Partnership Agreement between the European Community and Greenland (6), an additional amount of Greenland halibut was allocated to the Community in east Greenland in 2007. This arrangement should be implemented in Community law.

| (11) | The North East Atlantic Fisheries Commission (NEAFC) at its extraordinary meeting in June 2007 adopted recommendations on conservation and management measures in the NEAFC Regulatory Area in 2007 for redfish in international waters of ICES zones I and II. These recommendations should be implemented in Community law. |
| --- | --- |

(11)

The North East Atlantic Fisheries Commission (NEAFC) at its extraordinary meeting in June 2007 adopted recommendations on conservation and management measures in the NEAFC Regulatory Area in 2007 for redfish in international waters of ICES zones I and II. These recommendations should be implemented in Community law.

| (12) | The conditions for replaced or withdrawn vessels in relation to the allocation of additional days for permanent cessation of fishing activities should be clarified, as the reference to certain vessels concerned by fishing effort limitations is indicated incorrectly. |
| --- | --- |

(12)

The conditions for replaced or withdrawn vessels in relation to the allocation of additional days for permanent cessation of fishing activities should be clarified, as the reference to certain vessels concerned by fishing effort limitations is indicated incorrectly.

| (13) | The derogation from hailing requirements in Annexes IIA, IIB and IIC to Regulation (EC) No 41/2007 for vessels equipped with vessel monitoring systems in relation to fishing effort messages should be clarified. |
| --- | --- |

(13)

The derogation from hailing requirements in Annexes IIA, IIB and IIC to Regulation (EC) No 41/2007 for vessels equipped with vessel monitoring systems in relation to fishing effort messages should be clarified.

| (14) | The title of Annex IIB to Regulation (EC) No 41/2007 should be corrected to ensure consistency with the scope of that Annex. |
| --- | --- |

(14)

The title of Annex IIB to Regulation (EC) No 41/2007 should be corrected to ensure consistency with the scope of that Annex.

| (15) | The indication of the length of passive gears should be changed from 2,5 kilometres to 5 nautical miles to ensure that safety in handling the nets is not impaired in view of the existing rules for the marking and identification of passive fishing gear in Commission Regulation (EC) No 356/2005 of 1 March 2005 laying down detailed rules for the marking and identification of passive fishing gear and beam trawls (7) and certain specific rules on the use of gill nets. |
| --- | --- |

(15)

The indication of the length of passive gears should be changed from 2,5 kilometres to 5 nautical miles to ensure that safety in handling the nets is not impaired in view of the existing rules for the marking and identification of passive fishing gear in Commission Regulation (EC) No 356/2005 of 1 March 2005 laying down detailed rules for the marking and identification of passive fishing gear and beam trawls (7) and certain specific rules on the use of gill nets.

| (16) | Regulations (EC) No 2015/2006 and (EC) No 41/2007 should therefore be amended accordingly, |
| --- | --- |

(16)

Regulations (EC) No 2015/2006 and (EC) No 41/2007 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 2015/2006

Part 2 of the Annex to Regulation (EC) No 2015/2006 shall be amended in accordance with Annex I to this Regulation.

Article 2

Amendments to Regulation (EC) No 41/2007

Regulation (EC) No 41/2007 is hereby amended as follows:

| 1. | Article 10 shall be replaced by the following:
  ‘Article 10
  Access limits
  1.   No fishing by Community vessels shall take place in the Skagerrak within 12 nautical miles from the baselines of Norway. However, vessels flying the flag of Denmark or Sweden shall be allowed to fish up to 4 nautical miles from the baselines of Norway.
  2.   Fishing by Community vessels in waters under the jurisdiction of Iceland shall be limited to the area defined by straight lines sequentially connecting the following coordinates: | South-Western-Area







  1. | 63° 12′ N and 23° 05′ W through 62° 00′ N and 26° 00′ W, |
| --- | --- | --- | --- |

1.

Article 10 shall be replaced by the following:

‘Article 10

Access limits

1.   No fishing by Community vessels shall take place in the Skagerrak within 12 nautical miles from the baselines of Norway. However, vessels flying the flag of Denmark or Sweden shall be allowed to fish up to 4 nautical miles from the baselines of Norway.

2.   Fishing by Community vessels in waters under the jurisdiction of Iceland shall be limited to the area defined by straight lines sequentially connecting the following coordinates:

South-Western-Area

1.

63° 12′ N and 23° 05′ W through 62° 00′ N and 26° 00′ W,

| 2. | 62° 58′ N and 22° 25′ W, |
| --- | --- |

2.

62° 58′ N and 22° 25′ W,

| 3. | 63° 06′ N and 21° 30′ W, |
| --- | --- |

3.

63° 06′ N and 21° 30′ W,

| 4. | 63° 03′ N and 21° 00′ W from there 180° 00′ S; |
| --- | --- |

4.

63° 03′ N and 21° 00′ W from there 180° 00′ S;

| | South-Eastern-Area







  1. | 63° 14′ N and 10° 40′ W, |
| --- | --- | --- |

South-Eastern-Area

1.

63° 14′ N and 10° 40′ W,

| 2. | 63° 14′ N and 11° 23′ W, |
| --- | --- |

2.

63° 14′ N and 11° 23′ W,

| 3. | 63° 35′ N and 12° 21′ W, |
| --- | --- |

3.

63° 35′ N and 12° 21′ W,

| 4. | 64° 00′ N and 12° 30′ W, |
| --- | --- |

4.

64° 00′ N and 12° 30′ W,

| 5. | 63° 53′ N and 13° 30′ W, |
| --- | --- |

5.

63° 53′ N and 13° 30′ W,

| 6. | 63° 36′ N and 14° 30′ W, |
| --- | --- |

6.

63° 36′ N and 14° 30′ W,

| 7. | 63° 10′ N and 17° 00′ W from there 180° 00′ S.’ |
| --- | --- |

7.

63° 10′ N and 17° 00′ W from there 180° 00′ S.’

| 2. | Annexes IA, IB, IIA, IIB, IIC and III to Regulation (EC) No 41/2007 shall be amended in accordance with Annex II to this Regulation. |
| --- | --- |

2.

Annexes IA, IB, IIA, IIB, IIC and III to Regulation (EC) No 41/2007 shall be amended in accordance with Annex II to this Regulation.

Article 3

Entry into force

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 December 2007.

For the Council

The President

J. SILVA

---

(1)  OJ L 358, 31.12.2002, p. 59. Regulation as last amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

1

(2)  OJ L 70, 9.3.2004, p. 8. Regulation as amended by Commission Regulation (EC) No 441/2007 (OJ L 104, 21.4.2007, p. 28).

2

(3)  Council Regulation (EC) No 2015/2006 of 19 December 2006 fixing for 2007 and 2008 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (OJ L 384, 29.12.2006, p. 28). Regulation as last amended by Regulation (EC) No 754/2007 (OJ L 172, 30.6.2007, p. 26).

3

(4)  Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required (OJ L 15, 20.1.2007, p. 1). Regulation as last amended by Commission Regulation (EC) No 898/2007 (OJ L 196, 28.7.2007, p. 22).

4

(5)  OJ L 115, 9.5.1996, p. 3.

5

(6)  OJ L 172, 30.6.2007, p. 4.

6

(7)  OJ L 56, 2.3.2005, p. 8. Regulation as amended by Regulation (EC) No 1805/2005 (OJ L 290, 4.11.2005, p. 12).

7

---

ANNEX I

Part 2 of the Annex to Regulation (EC) No 2015/2006, is hereby amended as follows:

| 1. | the entry concerning the species roundnose grenadier in ICES zone IIIa and Community waters of IIIbcd shall be replaced by the following:













  ‘Species | : | Roundnose grenadier

  Coryphaenoides rupestris |
| --- | --- | --- | --- |

1.

the entry concerning the species roundnose grenadier in ICES zone IIIa and Community waters of IIIbcd shall be replaced by the following:

‘Species

:

Roundnose grenadier

Coryphaenoides rupestris

| Zone | : | IIIa and Community waters of IIIbcd |
| --- | --- | --- |

Zone

:

IIIa and Community waters of IIIbcd

| Year | 2007 | 2008 |
| --- | --- | --- |
| Denmark | 1 002 | 946 |
| Germany | 6 | 5 (1) |
| Sweden | 52 | 49 |
| EC | 1 060 | 1 000 |

Year

2007

2008

Denmark

1 002

946

Germany

6

5 (1)

Sweden

52

49

EC

1 060

1 000

| 2. | the entry concerning the species orange roughy in ICES zone VI (Community waters and waters not under the sovereignty or jurisdiction of third countries) shall be replaced by the following:













  ‘Species | : | Orange roughy

  Hoplostethus atlanticus |
| --- | --- | --- | --- |

2.

the entry concerning the species orange roughy in ICES zone VI (Community waters and waters not under the sovereignty or jurisdiction of third countries) shall be replaced by the following:

‘Species

:

Orange roughy

Hoplostethus atlanticus

| Zone | : | VI (Community waters) |
| --- | --- | --- |

Zone

:

VI (Community waters)

| Year | 2007 | 2008 |
| --- | --- | --- |
| Spain | 6 | 4 |
| France | 33 | 22 |
| Ireland | 6 | 4 |
| United Kingdom | 6 | 4 |
| EC | 51 | 34’ |

Year

2007

2008

Spain

6

4

France

33

22

Ireland

6

4

United Kingdom

6

4

EC

51

34’

| 3. | the entry concerning the species orange roughy in ICES zone VII (Community waters and waters not under the sovereignty or jurisdiction of third countries) shall be replaced by the following:













  ‘Species | : | Orange roughy

  Hoplostethus atlanticus |
| --- | --- | --- | --- |

3.

the entry concerning the species orange roughy in ICES zone VII (Community waters and waters not under the sovereignty or jurisdiction of third countries) shall be replaced by the following:

‘Species

:

Orange roughy

Hoplostethus atlanticus

| Zone | : | VII (Community waters) |
| --- | --- | --- |

Zone

:

VII (Community waters)

| Year | 2007 | 2008 |
| --- | --- | --- |
| Spain | 1 | 1 |
| France | 147 | 98 |
| Ireland | 43 | 29 |
| United Kingdom | 1 | 1 |
| Others (2) | 1 | 1 |
| EC | 193 | 130 |

Year

2007

2008

Spain

1

1

France

147

98

Ireland

43

29

United Kingdom

1

1

Others (2)

1

1

EC

193

130

| 4. | the entry concerning the species orange roughy in Community waters and waters not under the sovereignty or jurisdiction of third countries of ICES zones I, II, III, IV, V, VIII, IX, X, XI, XII and XIV shall be replaced by the following:













  ‘Species | : | Orange roughy

  Hoplostethus atlanticus |
| --- | --- | --- | --- |

4.

the entry concerning the species orange roughy in Community waters and waters not under the sovereignty or jurisdiction of third countries of ICES zones I, II, III, IV, V, VIII, IX, X, XI, XII and XIV shall be replaced by the following:

‘Species

:

Orange roughy

Hoplostethus atlanticus

| Zone | : | Community waters of I, II, III, IV, V, VIII, IX, X, XI, XII and XIV |
| --- | --- | --- |

Zone

:

Community waters of I, II, III, IV, V, VIII, IX, X, XI, XII and XIV

| Year | 2007 | 2008 |
| --- | --- | --- |
| Spain | 4 | 3 |
| France | 23 | 15 |
| Ireland | 6 | 4 |
| Portugal | 7 | 5 |
| United Kingdom | 4 | 3 |
| EC | 44 | 30’ |

Year

2007

2008

Spain

4

3

France

23

15

Ireland

6

4

Portugal

7

5

United Kingdom

4

3

EC

44

30’

---

(1)  Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.’

(2)  Exclusively for by-catches. No directed fisheries are permitted under this quota.’

---

ANNEX II

The Annexes to Regulation (EC) No 41/2007 are hereby amended as follows:

| 1. | Annex IA is hereby amended as follows:






  (a) | The entry concerning the species ling in ICES zone IIIa and in EC waters of ICES zones IIIb, IIIc and IIId shall be replaced by the following:














  ‘Species | : | Ling

  Molva molva |
| --- | --- | --- | --- | --- |

1.

Annex IA is hereby amended as follows:

(a)

The entry concerning the species ling in ICES zone IIIa and in EC waters of ICES zones IIIb, IIIc and IIId shall be replaced by the following:

‘Species

:

Ling

Molva molva

| Zone | : | IIIa; EC waters of IIIb, IIIc and IIId
  LIN/03. |
| --- | --- | --- |

Zone

:

IIIa; EC waters of IIIb, IIIc and IIId

LIN/03.

Belgium

8 (1)

Precautionary TAC

Article 3 of Regulation (EC) No 847/96 applies.

Article 4 of Regulation (EC) No 847/96 does not apply.

Article 5(2) of Regulation (EC) No 847/96 applies.

Denmark

62

Germany

8 (1)

Sweden

24

United Kingdom

8 (1)

EC

109

| (b) | The entry concerning the species Norway lobster in ICES zone IIIa and in EC waters of ICES zones IIIb, IIIc and IIId shall be replaced by the following:














  ‘Species | : | Norway lobster

  Nephrops norvegicus |
| --- | --- | --- | --- |

(b)

The entry concerning the species Norway lobster in ICES zone IIIa and in EC waters of ICES zones IIIb, IIIc and IIId shall be replaced by the following:

‘Species

:

Norway lobster

Nephrops norvegicus

| Zone | : | IIIa; EC waters of IIIb, IIIc and IIId
  NEP/3A/BCD |
| --- | --- | --- |

Zone

:

IIIa; EC waters of IIIb, IIIc and IIId

NEP/3A/BCD

Denmark

3 800

Analytical TAC

Article 3 of Regulation (EC) No 847/96 applies.

Article 4 of Regulation (EC) No 847/96 applies.

Article 5(2) of Regulation (EC) No 847/96 applies.

Germany

11 (2)

Sweden

1 359

EC

5 170

TAC

5 170

| (c) | The entry concerning the species Norway lobster in ICES zone VII shall be replaced by the following:














  ‘Species | : | Norway lobster

  Nephrops norvegicus |
| --- | --- | --- | --- |

(c)

The entry concerning the species Norway lobster in ICES zone VII shall be replaced by the following:

‘Species

:

Norway lobster

Nephrops norvegicus

| Zone | : | VII
  NEP/07. |
| --- | --- | --- |

Zone

:

VII

NEP/07.

Spain

1 509

Analytical TAC

Article 3 of Regulation (EC) No 847/96 applies.

Article 4 of Regulation (EC) No 847/96 applies.

Article 5(2) of Regulation (EC) No 847/96 applies.

France

6 116

Ireland

9 277

United Kingdom

8 251

EC

25 153

TAC

25 153’

| (d) | The entry concerning the species Norway lobster in ICES zones VIIIa, VIIIb, VIIId and VIIIe shall be replaced by the following:














  ‘Species | : | Norway lobster

  Nephrops norvegicus |
| --- | --- | --- | --- |

(d)

The entry concerning the species Norway lobster in ICES zones VIIIa, VIIIb, VIIId and VIIIe shall be replaced by the following:

‘Species

:

Norway lobster

Nephrops norvegicus

| Zone | : | VIIIa, VIIIb, VIIId and VIIIe
  NEP/8ABDE. |
| --- | --- | --- |

Zone

:

VIIIa, VIIIb, VIIId and VIIIe

NEP/8ABDE.

Spain

259

Analytical TAC

Article 3 of Regulation (EC) No 847/96 applies.

Article 4 of Regulation (EC) No 847/96 applies.

Article 5(2) of Regulation (EC) No 847/96 applies.

France

4 061

EC

4 320

TAC

4 320’

| (e) | The entry concerning the species turbot and brill in EC waters of IIa and IV shall be replaced by the following:














  ‘Species | : | Turbot and brill

  Psetta maxima and Scopthalmus rhombus |
| --- | --- | --- | --- |

(e)

The entry concerning the species turbot and brill in EC waters of IIa and IV shall be replaced by the following:

‘Species

:

Turbot and brill

Psetta maxima and Scopthalmus rhombus

| Zone | : | EC waters of IIa and IV
  T/B/2AC4-C |
| --- | --- | --- |

Zone

:

EC waters of IIa and IV

T/B/2AC4-C

Belgium

386

Precautionary TAC

Article 3 of Regulation (EC) No 847/96 applies.

Article 4 of Regulation (EC) No 847/96 does not apply.

Article 5(2) of Regulation (EC) No 847/96 applies.

Denmark

825

Germany

211

France

99

The Netherlands

2 923

Sweden

6

United Kingdom

813

EC

5 263

TAC

5 263’

| (f) | The entry concerning the species common sole in ICES zone IIIa and in EC waters of ICES zones IIIb, IIIc and IIId shall be replaced by the following:














  ‘Species | : | Common sole

  Solea solea |
| --- | --- | --- | --- |

(f)

The entry concerning the species common sole in ICES zone IIIa and in EC waters of ICES zones IIIb, IIIc and IIId shall be replaced by the following:

‘Species

:

Common sole

Solea solea

| Zone | : | IIIa; EC waters of IIIb, IIIc and IIId
  SOL/3A/BCD |
| --- | --- | --- |

Zone

:

IIIa; EC waters of IIIb, IIIc and IIId

SOL/3A/BCD

Denmark

755

Analytical TAC

Article 3 of Regulation (EC) No 847/96 applies.

Article 4 of Regulation (EC) No 847/96 applies.

Article 5(2) of Regulation (EC) No 847/96 applies.

Germany

44 (3)

The Netherlands

73 (3)

Sweden

28

EC

900

TAC

900

| (g) | The entry concerning the species spurdog/dogfish in ICES zone IIIa; EC and international waters of ICES zones I, V, VI, VII, VIII, XII and XIV shall be replaced by the following:














  ‘Species | : | Spurdog/dogfish

  Squalus acanthias |
| --- | --- | --- | --- |

(g)

The entry concerning the species spurdog/dogfish in ICES zone IIIa; EC and international waters of ICES zones I, V, VI, VII, VIII, XII and XIV shall be replaced by the following:

‘Species

:

Spurdog/dogfish

Squalus acanthias

| Zone | : | IIIa; EC and international waters of I, V, VI, VII, VIII, XII and XIV
  DGS/135X14 |
| --- | --- | --- |

Zone

:

IIIa; EC and international waters of I, V, VI, VII, VIII, XII and XIV

DGS/135X14

EC

2 828 (4)

Precautionary TAC

Article 3 of Regulation (EC) No 847/96 applies.

Article 4 of Regulation (EC) No 847/96 does not apply.

Article 5(2) of Regulation (EC) No 847/96 applies.

TAC

2 828

| (h) | The entry concerning the species Norway pout in ICES zone IIIa and in EC waters of ICES zones IIa and IV shall be replaced by the following:














  ‘Species | : | Norway pout

  Trisopterus esmarki |
| --- | --- | --- | --- |

(h)

The entry concerning the species Norway pout in ICES zone IIIa and in EC waters of ICES zones IIa and IV shall be replaced by the following:

‘Species

:

Norway pout

Trisopterus esmarki

| Zone | : | IIIa; EC waters of IIa and IV
  NOP/2A3A4. |
| --- | --- | --- |

Zone

:

IIIa; EC waters of IIa and IV

NOP/2A3A4.

Denmark

0

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Article 5(2) of Regulation (EC) No 847/96 applies.

Germany

0 (5)

The Netherlands

0 (5)

EC

0

Norway

1 000 (6)
   (7)

TAC

Not relevant

| 2. | Annex IB is hereby amended as follows:






  (a) | The entry concerning the species herring in EC and international waters of ICES zones I and II shall be replaced by the following:














  ‘Species | : | Herring

  Clupea harengus |
| --- | --- | --- | --- | --- |

2.

Annex IB is hereby amended as follows:

(a)

The entry concerning the species herring in EC and international waters of ICES zones I and II shall be replaced by the following:

‘Species

:

Herring

Clupea harengus

| Zone | : | EC and International waters of I and II
  HER/1/2. |
| --- | --- | --- |

Zone

:

EC and International waters of I and II

HER/1/2.

Belgium

30

Analytical TAC

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Article 5(2) of Regulation (EC) No 847/96 applies.

Denmark

28 550

Germany

5 000

Spain

94

France

1 232

Ireland

7 391

The Netherlands

10 217

Poland

1 445

Portugal

94

Finland

442

Sweden

10 580

United Kingdom

18 253

EC

83 328

Norway

74 995 (8)

Faeroe Islands

10 834 (8)

TAC

1 280 000

Special conditions:

Within the limits of the above mentioned quotas, no more than the quantities given below may be taken in the zones specified:

| | Norwegian waters north of 62° N and the fishery zone around Jan Mayen
  (HER/*2AJMN) |
| --- | --- |
| Belgium | 30 (9) |
| Denmark | 28 550 (9) |
| Germany | 5 000 (9) |
| Spain | 94 (9) |
| France | 1 232 (9) |
| Ireland | 7 391 (9) |
| The Netherlands | 10 217 (9) |
| Poland | 1 445 (9) |
| Portugal | 94 (9) |
| Finland | 442 (9) |
| Sweden | 10 580 (9) |
| United Kingdom | 18 253 (9) |

Norwegian waters north of 62° N and the fishery zone around Jan Mayen

(HER/*2AJMN)

Belgium

30 (9)

Denmark

28 550 (9)

Germany

5 000 (9)

Spain

94 (9)

France

1 232 (9)

Ireland

7 391 (9)

The Netherlands

10 217 (9)

Poland

1 445 (9)

Portugal

94 (9)

Finland

442 (9)

Sweden

10 580 (9)

United Kingdom

18 253 (9)

| | Faeroese waters of II and Vb, north of 62° N
  (HER/*25B-F) |
| --- | --- |
| Belgium | 3 |
| Denmark | 3 712 |
| Germany | 650 |
| Spain | 12 |
| France | 159 |
| Ireland | 960 |
| The Netherlands | 1 329 |
| Poland | 187 |
| Portugal | 12 |
| Finland | 56 |
| Sweden | 1 374 |
| United Kingdom | 2 374 |

Faeroese waters of II and Vb, north of 62° N

(HER/*25B-F)

Belgium

3

Denmark

3 712

Germany

650

Spain

12

France

159

Ireland

960

The Netherlands

1 329

Poland

187

Portugal

12

Finland

56

Sweden

1 374

United Kingdom

2 374

| (b) | The entry concerning the species capelin in Greenland waters of ICES zones V and XIV shall be replaced by the following:














  ‘Species | : | Capelin

  Mallotus villosus |
| --- | --- | --- | --- |

(b)

The entry concerning the species capelin in Greenland waters of ICES zones V and XIV shall be replaced by the following:

‘Species

:

Capelin

Mallotus villosus

| Zone | : | Greenland waters of V and XIV
  CAP/514GRN |
| --- | --- | --- |

Zone

:

Greenland waters of V and XIV

CAP/514GRN

All Member States

0

EC

28 490 (10)
   (11)

TAC

Not relevant

| (c) | The entry concerning the species Greenland halibut in Greenland waters of ICES zones V and XIV shall be replaced by the following:














  ‘Species | : | Greenland halibut

  Reinhardtius hippoglossoides |
| --- | --- | --- | --- |

(c)

The entry concerning the species Greenland halibut in Greenland waters of ICES zones V and XIV shall be replaced by the following:

‘Species

:

Greenland halibut

Reinhardtius hippoglossoides

| Zone | : | Greenland waters of V and XIV
  GHL/514GRN |
| --- | --- | --- |

Zone

:

Greenland waters of V and XIV

GHL/514GRN

Germany

6 718

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Article 5(2) of Regulation (EC) No 847/96 applies.

United Kingdom

353

EC

7 946 (12)

TAC

Not relevant

| (d) | The following entry concerning the species redfish in International waters of ICES zones I and II shall be inserted after the entry concerning redfish in Norwegian waters of I and II:














  ‘Species | : | Redfish

  Sebastes spp. |
| --- | --- | --- | --- |

(d)

The following entry concerning the species redfish in International waters of ICES zones I and II shall be inserted after the entry concerning redfish in Norwegian waters of I and II:

‘Species

:

Redfish

Sebastes spp.

| Zone | : | International waters of ICES zones I and II
  RED/1/2INT |
| --- | --- | --- |

Zone

:

International waters of ICES zones I and II

RED/1/2INT

EC

Not relevant (13)

Article 3 of Regulation (EC) No 847/96 does not apply.

Article 4 of Regulation (EC) No 847/96 does not apply.

Article 5(2) of Regulation (EC) No 847/96 applies.

TAC

15 500 (14)

| (e) | The entry concerning the species redfish in Icelandic waters of ICES zone Va shall be replaced by the following:














  ‘Species | : | Redfish

  Sebastes spp. |
| --- | --- | --- | --- |

(e)

The entry concerning the species redfish in Icelandic waters of ICES zone Va shall be replaced by the following:

‘Species

:

Redfish

Sebastes spp.

| Zone | : | Icelandic waters of Va
  RED/05A-IS |
| --- | --- | --- |

Zone

:

Icelandic waters of Va

RED/05A-IS

Belgium

100 (15)
   (16)

Germany

1 690 (15)
   (16)

France

50 (15)
   (16)

United Kingdom

1 160 (15)
   (16)

EC

3 000 (15)
   (16)

TAC

Not relevant

| 3. | Annex IIA is hereby amended as follows:






  (a) | Point 10.1 shall be replaced by the following:






  ‘10.1. | An additional number of days on which a vessel may be present within the area when carrying on board any of the gears referred to in point 4.1 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2002. The effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during 2001. The additional number of days shall then be calculated by multiplying the ratio so obtained by the number of days originally allocated.
  Any part of a day resulting from this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 5.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.’ |
| --- | --- | --- | --- |

3.

Annex IIA is hereby amended as follows:

(a)

Point 10.1 shall be replaced by the following:

‘10.1.

An additional number of days on which a vessel may be present within the area when carrying on board any of the gears referred to in point 4.1 may be allocated to Member States by the Commission on the basis of permanent cessations of fishing activities that have taken place since 1 January 2002. The effort expended in 2001 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during 2001. The additional number of days shall then be calculated by multiplying the ratio so obtained by the number of days originally allocated.

Any part of a day resulting from this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 5.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.’

| (b) | Point 22 shall be replaced by the following:
  ‘22.   Fishing effort messages
  By way of derogation from Article 9 of Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (17), vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93. |
| --- | --- |

(b)

Point 22 shall be replaced by the following:

‘22.   Fishing effort messages

By way of derogation from Article 9 of Council Regulation (EC) No 423/2004 of 26 February 2004 establishing measures for the recovery of cod stocks (17), vessels equipped with vessel monitoring systems in accordance with Article 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93.

| 4. | Annex IIB is hereby amended as follows:






  (a) | The title shall be replaced by the following: |
| --- | --- | --- |

4.

Annex IIB is hereby amended as follows:

(a)

The title shall be replaced by the following:

| (b) | Point 9.1 shall be replaced by the following:






  ‘9.1. | An additional number of days on which a vessel may be present within the area when carrying on board any of the groupings of fishing gear referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessation of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn from the area may also be considered. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during the same year. The additional number of days shall be then calculated by multiplying the ratio so obtained by the number of days originally allocated. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 4.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.’ |
| --- | --- | --- |

(b)

Point 9.1 shall be replaced by the following:

‘9.1.

An additional number of days on which a vessel may be present within the area when carrying on board any of the groupings of fishing gear referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessation of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn from the area may also be considered. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during the same year. The additional number of days shall be then calculated by multiplying the ratio so obtained by the number of days originally allocated. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 4.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.’

| (c) | Point 17 shall be replaced by the following:
  ‘17.   Fishing effort messages
  Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93.’ |
| --- | --- |

(c)

Point 17 shall be replaced by the following:

‘17.   Fishing effort messages

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93.’

| 5. | Annex IIC is hereby amended as follows:






  (a) | Point 9.1 shall be replaced by the following:






  ‘9.1. | An additional number of days on which a vessel may be present within the area when carrying on board any of the groupings of fishing gear referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessation of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn from the area may also be considered. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during the same year. The additional number of days shall then be calculated by multiplying the ratio so obtained by the number of days originally allocated. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 4.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.’ |
| --- | --- | --- | --- |

5.

Annex IIC is hereby amended as follows:

(a)

Point 9.1 shall be replaced by the following:

‘9.1.

An additional number of days on which a vessel may be present within the area when carrying on board any of the groupings of fishing gear referred to in point 3 may be allocated to Member States by the Commission on the basis of permanent cessation of fishing activities that have taken place since 1 January 2004 either in accordance with Article 7 of Regulation (EC) No 2792/1999 or resulting from other circumstances duly motivated by Member States. Any vessels that can be shown to have been definitively withdrawn from the area may also be considered. The effort expended in 2003 measured in kilowatt days of the withdrawn vessels using the gear in question in the relevant area shall be divided by the effort expended by all vessels using that gear during the same year. The additional number of days shall then be calculated by multiplying the ratio so obtained by the number of days originally allocated. Any part of a day resulting from this calculation shall be rounded to the nearest whole day. This point shall not apply where a vessel has been replaced in accordance with point 4.1 or when the withdrawal has already been used in previous years to obtain additional days at sea.’

| (b) | Point 16 shall be replaced by the following:
  ‘16.   Fishing effort messages
  Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93.’ |
| --- | --- |

(b)

Point 16 shall be replaced by the following:

‘16.   Fishing effort messages

Articles 19b, 19c, 19d, 19e and 19k of Regulation (EEC) No 2847/93 shall apply to vessels carrying on board the groupings of fishing gear defined in point 3 of this Annex and operating in the area defined in point 1 of this Annex. Vessels equipped with vessel monitoring systems in accordance with Articles 5 and 6 of Regulation (EC) No 2244/2003 shall be excluded from the hailing requirements set out in Article 19c of Regulation (EC) No 2847/93.’

| 6. | Point 9.4(a) of Annex III shall be replaced by the following:






  ‘(a) | Gill nets with a mesh size equal to or greater than 120 mm and less than 150 mm, provided that they are deployed in waters of less than 600 metres charted depth, are no more than 100 meshes deep, have a hanging ratio of not less than 0,5 and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25 km per vessel. The maximum soak time shall be 24 hours; or’. |
| --- | --- | --- |

6.

Point 9.4(a) of Annex III shall be replaced by the following:

‘(a)

Gill nets with a mesh size equal to or greater than 120 mm and less than 150 mm, provided that they are deployed in waters of less than 600 metres charted depth, are no more than 100 meshes deep, have a hanging ratio of not less than 0,5 and are rigged with floats or equivalent floatation. The nets shall each be of a maximum of 5 nautical miles in length, and the total length of all nets deployed at any one time shall not exceed 25 km per vessel. The maximum soak time shall be 24 hours; or’.

---

(1)  Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.’

(2)  Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.’

(3)  Quota may be fished in EC waters of ICES zones IIIa, IIIb, IIIc and IIId only.’

(4)  Only Denmark and Sweden may fish in Norwegian waters of ICES zone IIIa.’

(5)  Quota may be fished in EC waters of ICES zones IIa, IIIa, and IV only.

(6)  This quota may be fished in ICES zone VIa North of 56° 30′ N.

(7)  Only as by-catches.’

(8)  Catches taken against this quota are to be deducted from Norway’s and the Faeroe Islands’ share of the TAC (access quota). This quota may be fished in EC waters north of 62° N.

(9)  When the sum of the catches of all Member States has reached 74 995 tonnes no further catches shall be permitted.’

(10)  Of which 28 490 tonnes are allocated to Iceland.

(11)  To be fished before 30 April 2007.’

(12)  Of which 800 tonnes are allocated to Norway and 75 tonnes are allocated to the Faeroe Islands.’

(13)  Fishing activities shall be restricted to those vessels which have previously been engaged in the redfish fishery in the NEAFC Regulatory Area.

(14)  May be fished in the period 1 September to 15 November 2007. TAC includes all by-catches.’

(15)  Including unavoidable by-catches (cod not allowed).

(16)  To be fished between July and December.’

(17)  OJ L 70, 9.3.2004, p. 8.’

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/33 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/33

---

COMMISSION REGULATION (EC) No 1534/2007

of 20 December 2007

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 3223/94 of 21 December 1994 on detailed rules for the application of the import arrangements for fruit and vegetables (1), and in particular Article 4(1) thereof,

Whereas:

| (1) | Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regulation (EC) No 3223/94 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 21 December 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regulation (EC) No 756/2007 (OJ L 172, 30.6.2007, p. 41).

1

---

ANNEX

to Commission Regulation of 20 December 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | IL | 191,0 |
| MA | 97,4 |
| TN | 148,3 |
| TR | 130,3 |
| ZZ | 141,8 |
| 0707 00 05 | JO | 237,0 |
| MA | 57,0 |
| TR | 84,8 |
| ZZ | 126,3 |
| 0709 90 70 | MA | 88,7 |
| TR | 97,5 |
| ZZ | 93,1 |
| 0709 90 80 | EG | 290,4 |
| ZZ | 290,4 |
| 0805 10 20 | AR | 42,8 |
| MA | 76,3 |
| TR | 81,0 |
| ZA | 35,0 |
| ZW | 28,6 |
| ZZ | 52,7 |
| 0805 20 10 | MA | 75,5 |
| ZZ | 75,5 |
| 0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90 | HR | 30,2 |
| IL | 66,8 |
| TR | 73,2 |
| ZZ | 56,7 |
| 0805 50 10 | EG | 49,3 |
| MA | 121,9 |
| TR | 106,8 |
| ZZ | 92,7 |
| 0808 10 80 | CA | 86,7 |
| CN | 90,5 |
| MK | 29,7 |
| US | 79,6 |
| ZZ | 71,6 |
| 0808 20 50 | AR | 71,1 |
| CN | 44,6 |
| US | 110,3 |
| ZZ | 75,3 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

191,0

MA

97,4

TN

148,3

TR

130,3

ZZ

141,8

0707 00 05

JO

237,0

MA

57,0

TR

84,8

ZZ

126,3

0709 90 70

MA

88,7

TR

97,5

ZZ

93,1

0709 90 80

EG

290,4

ZZ

290,4

0805 10 20

AR

42,8

MA

76,3

TR

81,0

ZA

35,0

ZW

28,6

ZZ

52,7

0805 20 10

MA

75,5

ZZ

75,5

0805 20 30, 0805 20 50, 0805 20 70, 0805 20 90

HR

30,2

IL

66,8

TR

73,2

ZZ

56,7

0805 50 10

EG

49,3

MA

121,9

TR

106,8

ZZ

92,7

0808 10 80

CA

86,7

CN

90,5

MK

29,7

US

79,6

ZZ

71,6

0808 20 50

AR

71,1

CN

44,6

US

110,3

ZZ

75,3

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/35 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/35

---

COMMISSION REGULATION (EC) No 1535/2007

of 20 December 2007

on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the sector of agricultural production

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 994/98 of 7 May 1998 on the application of Articles 92 and 93 of the Treaty establishing the European Community to certain categories of horizontal State aid (1), and in particular Article 2(1) thereof,

Having published a draft of this Regulation (2),

Having consulted the Advisory Committee on State aid,

Whereas:

| (1) | Regulation (EC) No 994/98 empowers the Commission to set out in a regulation a ceiling below which aid measures are considered not to meet all the criteria of Article 87(1) of the Treaty and therefore do not fall under the notification procedure provided for in Article 88(3) of the Treaty. |
| --- | --- |

(1)

Regulation (EC) No 994/98 empowers the Commission to set out in a regulation a ceiling below which aid measures are considered not to meet all the criteria of Article 87(1) of the Treaty and therefore do not fall under the notification procedure provided for in Article 88(3) of the Treaty.

| (2) | The Commission has applied Articles 87 and 88 of the Treaty and in particular clarified, in numerous decisions, the notion of aid within the meaning of Article 87(1) of the Treaty. It has also stated its policy with regard to a de minimis ceiling under which Article 87(1) of the Treaty can be considered not to apply, firstly in its communication on de minimis aid (3) and then in Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (4), replaced on 1 January 2007 by Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid (5). In view of the special rules which apply in the agriculture sector and of the risks that even low levels of aid could fulfil the criteria of Article 87(1) of the Treaty in that sector, Regulation (EC) No 69/2001 excludes the agriculture sector from its scope. Regulation (EC) No 1998/2006 also excludes the sector of agricultural production from its scope. |
| --- | --- |

(2)

The Commission has applied Articles 87 and 88 of the Treaty and in particular clarified, in numerous decisions, the notion of aid within the meaning of Article 87(1) of the Treaty. It has also stated its policy with regard to a de minimis ceiling under which Article 87(1) of the Treaty can be considered not to apply, firstly in its communication on de minimis aid (3) and then in Commission Regulation (EC) No 69/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid (4), replaced on 1 January 2007 by Commission Regulation (EC) No 1998/2006 of 15 December 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid (5). In view of the special rules which apply in the agriculture sector and of the risks that even low levels of aid could fulfil the criteria of Article 87(1) of the Treaty in that sector, Regulation (EC) No 69/2001 excludes the agriculture sector from its scope. Regulation (EC) No 1998/2006 also excludes the sector of agricultural production from its scope.

| (3) | However, since the experience gained over the years has shown that the very small amounts of aid granted in the agriculture sector may also not meet the criteria of Article 87(1) of the Treaty where certain conditions are met, the Commission laid down rules allowing the grant of de minimis aid in that sector in Commission Regulation (EC) No 1860/2004 of 6 October 2004 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture sector (6). That Regulation, by virtue of which the total amount of de minimis aid granted to one and the same undertaking is regarded as not meeting all the criteria of Article 87(1) of the Treaty where it does not exceed EUR 3 000 per beneficiary over any period of three years or a cumulative amount laid down for each Member State representing 0,3 % of annual output in the agriculture sector, covers both primary production and the processing and marketing of agricultural products. |
| --- | --- |

(3)

However, since the experience gained over the years has shown that the very small amounts of aid granted in the agriculture sector may also not meet the criteria of Article 87(1) of the Treaty where certain conditions are met, the Commission laid down rules allowing the grant of de minimis aid in that sector in Commission Regulation (EC) No 1860/2004 of 6 October 2004 on the application of Articles 87 and 88 of the EC Treaty to de minimis aid in the agriculture sector (6). That Regulation, by virtue of which the total amount of de minimis aid granted to one and the same undertaking is regarded as not meeting all the criteria of Article 87(1) of the Treaty where it does not exceed EUR 3 000 per beneficiary over any period of three years or a cumulative amount laid down for each Member State representing 0,3 % of annual output in the agriculture sector, covers both primary production and the processing and marketing of agricultural products.

| (4) | Given the similarities between activities in the processing and marketing of agricultural products on the one hand and industrial activities on the other, activities in the processing and marketing of agricultural products were included in the scope of Regulation (EC) No 1998/2006, which governs de minimis aid for industrial activities. As a result, those activities were excluded from the scope of Regulation (EC) No 1860/2004. For the sake of clarity, Regulation (EC) No 1860/2004 should be repealed and replaced by a new Regulation applicable only to the agricultural production sector. |
| --- | --- |

(4)

Given the similarities between activities in the processing and marketing of agricultural products on the one hand and industrial activities on the other, activities in the processing and marketing of agricultural products were included in the scope of Regulation (EC) No 1998/2006, which governs de minimis aid for industrial activities. As a result, those activities were excluded from the scope of Regulation (EC) No 1860/2004. For the sake of clarity, Regulation (EC) No 1860/2004 should be repealed and replaced by a new Regulation applicable only to the agricultural production sector.

| (5) | In the light of the Commission’s experience, the maximum amount of aid of EUR 3 000 per beneficiary over a period of three years may be increased to EUR 7 500 and the ceiling of 0,3 % of annual output in the agriculture sector may be increased to 0,75 % without trade between Member States being affected, without there being any distortion or threat of distortion of competition, and without aid being granted within those limits falling under Article 87(1) of the Treaty, provided that certain conditions are met. This increase will also help to reduce the administrative burden. The years to take into account are the fiscal years as used by the undertaking in the Member State concerned. The reference period of three years should be assessed on a rolling basis so that, for each new grant of de minimis aid, the total amount of de minimis aid granted in the fiscal year concerned, as well as during the previous two fiscal years, needs to be determined. It should not be possible for aid measures exceeding the ceiling of EUR 7 500 to be broken down into a number of smaller parts in order to bring such parts within the scope of this Regulation. |
| --- | --- |

(5)

In the light of the Commission’s experience, the maximum amount of aid of EUR 3 000 per beneficiary over a period of three years may be increased to EUR 7 500 and the ceiling of 0,3 % of annual output in the agriculture sector may be increased to 0,75 % without trade between Member States being affected, without there being any distortion or threat of distortion of competition, and without aid being granted within those limits falling under Article 87(1) of the Treaty, provided that certain conditions are met. This increase will also help to reduce the administrative burden. The years to take into account are the fiscal years as used by the undertaking in the Member State concerned. The reference period of three years should be assessed on a rolling basis so that, for each new grant of de minimis aid, the total amount of de minimis aid granted in the fiscal year concerned, as well as during the previous two fiscal years, needs to be determined. It should not be possible for aid measures exceeding the ceiling of EUR 7 500 to be broken down into a number of smaller parts in order to bring such parts within the scope of this Regulation.

| (6) | This Regulation should not apply to export aid or aid favouring domestic over imported products. In particular, it should not apply to aid financing the establishment and operation of a distribution network in other countries. Aid towards the cost of participating in trade fairs, or of studies or consultancy services needed for the launch of a new product or an existing product on a new market does not normally constitute export aid. |
| --- | --- |

(6)

This Regulation should not apply to export aid or aid favouring domestic over imported products. In particular, it should not apply to aid financing the establishment and operation of a distribution network in other countries. Aid towards the cost of participating in trade fairs, or of studies or consultancy services needed for the launch of a new product or an existing product on a new market does not normally constitute export aid.

| (7) | The Court of Justice of the European Communities has established that, once the Community has legislated for the establishment of a common organisation of the market in a given sector of agriculture, Member States are under an obligation to refrain from taking any measure which might undermine or create exceptions to it (7). For this reason, this Regulation should not apply to aid whose amount is laid down on the basis of price or quantity of products purchased or put on the market. |
| --- | --- |

(7)

The Court of Justice of the European Communities has established that, once the Community has legislated for the establishment of a common organisation of the market in a given sector of agriculture, Member States are under an obligation to refrain from taking any measure which might undermine or create exceptions to it (7). For this reason, this Regulation should not apply to aid whose amount is laid down on the basis of price or quantity of products purchased or put on the market.

| (8) | For the sake of transparency, equal treatment and the correct application of the de minimis ceiling, all Member States should apply the same method of calculation. In order to facilitate this calculation, aid amounts not taking the form of a grant should be converted into their gross grant equivalent. Calculation of the grant equivalent of forms of transparent aid other than grants or aid payable in several instalments requires the use of market interest rates prevailing at the time of granting such aid. With a view to a uniform, transparent and simple application of the State aid rules, the market rates for the purposes of this Regulation should be deemed to be the reference rates periodically fixed by the Commission on the basis of objective criteria and published in the Official Journal of the European Union or on the Internet. It may, however, be necessary to add additional basis points on top of the floor rate in view of the securities provided or the risk associated with the beneficiary. |
| --- | --- |

(8)

For the sake of transparency, equal treatment and the correct application of the de minimis ceiling, all Member States should apply the same method of calculation. In order to facilitate this calculation, aid amounts not taking the form of a grant should be converted into their gross grant equivalent. Calculation of the grant equivalent of forms of transparent aid other than grants or aid payable in several instalments requires the use of market interest rates prevailing at the time of granting such aid. With a view to a uniform, transparent and simple application of the State aid rules, the market rates for the purposes of this Regulation should be deemed to be the reference rates periodically fixed by the Commission on the basis of objective criteria and published in the Official Journal of the European Union or on the Internet. It may, however, be necessary to add additional basis points on top of the floor rate in view of the securities provided or the risk associated with the beneficiary.

| (9) | Again for the purposes of transparency, equal treatment and the correct application of the de minimis ceiling, this Regulation should apply only to de minimis aid which is transparent. ‘Transparent aid’ should be taken to mean aid for which it is possible to calculate precisely in advance the gross grant equivalent without the need to undertake a risk assessment. Such precise calculation can, for instance, be made as regards grants, interest rate subsidies and capped tax exemptions. Aid in the form of soft loans should be considered to be transparent de minimis aid when the gross grant equivalent has been calculated on the basis of market interest rates prevailing at the time of grant. Aid in the form of capital injections should not be considered to be transparent de minimis aid unless the total amount of the public capital injection is lower than the de minimis ceiling per beneficiary. Aid in the form of risk capital measures as referred to in the Community guidelines on State aid to promote risk capital investments in small and medium-sized enterprises (8) should not be considered to be transparent de minimis aid unless the risk capital scheme concerned provides capital only up to the de minimis ceiling per beneficiary. |
| --- | --- |

(9)

Again for the purposes of transparency, equal treatment and the correct application of the de minimis ceiling, this Regulation should apply only to de minimis aid which is transparent. ‘Transparent aid’ should be taken to mean aid for which it is possible to calculate precisely in advance the gross grant equivalent without the need to undertake a risk assessment. Such precise calculation can, for instance, be made as regards grants, interest rate subsidies and capped tax exemptions. Aid in the form of soft loans should be considered to be transparent de minimis aid when the gross grant equivalent has been calculated on the basis of market interest rates prevailing at the time of grant. Aid in the form of capital injections should not be considered to be transparent de minimis aid unless the total amount of the public capital injection is lower than the de minimis ceiling per beneficiary. Aid in the form of risk capital measures as referred to in the Community guidelines on State aid to promote risk capital investments in small and medium-sized enterprises (8) should not be considered to be transparent de minimis aid unless the risk capital scheme concerned provides capital only up to the de minimis ceiling per beneficiary.

| (10) | It is necessary to provide legal certainty for guarantee schemes which do not have the potential to affect trade and distort competition and in respect of which sufficient data is available to assess any potential effects reliably. This Regulation should therefore set a guarantee-specific ceiling based on the guaranteed amount of the underlying loan. This specific ceiling should be set on the basis of an assessment of the amount of State aid included in guarantee schemes covering loans in favour of viable undertakings. It should therefore not apply to ad hoc individual aid granted outside of the scope of a guarantee scheme or to guarantees on underlying transactions not constituting a loan, such as guarantees on equity transactions. The specific ceiling should be determined on the basis of the fact that taking account of a cap rate (net default rate) of 13 %, representing a worst case scenario for guarantee schemes in the Community, a guarantee amounting to EUR 56 250 can be considered as having a gross grant equivalent identical to the de minimis ceiling of EUR 7 500. Only guarantees covering up to 80 % of the underlying loan should be covered by this specific ceiling. A methodology approved by the Commission following notification on the basis of a Commission Regulation on State aid may also be used by the Member States to calculate the gross grant equivalent of the guarantee, if the approved methodology explicitly addresses the type of guarantees and the type of underlying transactions concerned in the context of applying this Regulation. |
| --- | --- |

(10)

It is necessary to provide legal certainty for guarantee schemes which do not have the potential to affect trade and distort competition and in respect of which sufficient data is available to assess any potential effects reliably. This Regulation should therefore set a guarantee-specific ceiling based on the guaranteed amount of the underlying loan. This specific ceiling should be set on the basis of an assessment of the amount of State aid included in guarantee schemes covering loans in favour of viable undertakings. It should therefore not apply to ad hoc individual aid granted outside of the scope of a guarantee scheme or to guarantees on underlying transactions not constituting a loan, such as guarantees on equity transactions. The specific ceiling should be determined on the basis of the fact that taking account of a cap rate (net default rate) of 13 %, representing a worst case scenario for guarantee schemes in the Community, a guarantee amounting to EUR 56 250 can be considered as having a gross grant equivalent identical to the de minimis ceiling of EUR 7 500. Only guarantees covering up to 80 % of the underlying loan should be covered by this specific ceiling. A methodology approved by the Commission following notification on the basis of a Commission Regulation on State aid may also be used by the Member States to calculate the gross grant equivalent of the guarantee, if the approved methodology explicitly addresses the type of guarantees and the type of underlying transactions concerned in the context of applying this Regulation.

| (11) | This Regulation should not apply to undertakings in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (9) given the difficulties linked to determining the gross grant equivalent of aid granted to this type of undertaking. |
| --- | --- |

(11)

This Regulation should not apply to undertakings in difficulty within the meaning of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (9) given the difficulties linked to determining the gross grant equivalent of aid granted to this type of undertaking.

| (12) | In accordance with the principles governing aid falling within Article 87(1) of the Treaty, de minimis aid should be considered to be granted at the moment the right to receive the aid is conferred on the undertaking under the applicable national legal regime. |
| --- | --- |

(12)

In accordance with the principles governing aid falling within Article 87(1) of the Treaty, de minimis aid should be considered to be granted at the moment the right to receive the aid is conferred on the undertaking under the applicable national legal regime.

| (13) | In order to avoid circumvention of maximum aid intensities laid down in different Community instruments, it should not be possible for de minimis aid to be cumulated with State aid in respect of the same eligible costs if such cumulation would result in an aid intensity exceeding that laid down by Community rules in the specific circumstances of each case. |
| --- | --- |

(13)

In order to avoid circumvention of maximum aid intensities laid down in different Community instruments, it should not be possible for de minimis aid to be cumulated with State aid in respect of the same eligible costs if such cumulation would result in an aid intensity exceeding that laid down by Community rules in the specific circumstances of each case.

| (14) | This Regulation does not exclude the possibility that a measure adopted by a Member State might not be considered to be State aid within the meaning of Article 87(1) of the Treaty on a basis other than this Regulation, for instance in the case of capital injections or guarantees, because such measure has been decided in conformity with the principle of private investors operating in normal market-economy conditions. |
| --- | --- |

(14)

This Regulation does not exclude the possibility that a measure adopted by a Member State might not be considered to be State aid within the meaning of Article 87(1) of the Treaty on a basis other than this Regulation, for instance in the case of capital injections or guarantees, because such measure has been decided in conformity with the principle of private investors operating in normal market-economy conditions.

| (15) | The Commission must ensure that State aid rules are complied with, and in particular that aid granted under the de minimis rules meets the conditions thereof. In accordance with the cooperation principle laid down in Article 10 of the Treaty, Member States should facilitate the achievement of this task by establishing the necessary machinery to ensure that the total amount of aid granted under the de minimis rule does not exceed either the ceiling of EUR 7 500 per beneficiary or the overall ceilings established by the Commission on the basis of the value of agricultural output. To that end, when granting de minimis aid, the Member States should inform the undertaking concerned of the amount of aid granted and of its de minimis character, by referring to this Regulation. Moreover, prior to granting such aid the Member State should obtain from the undertaking a declaration about other de minimis aid received during the current fiscal year and the two previous fiscal years and carefully check that the new aid does not make the total amount of de minimis aid received exceed the applicable ceilings. Alternatively, compliance with the ceilings may also be ensured by means of a central register. In the case of guarantee schemes set up by the European Investment Fund, the latter may establish a list of beneficiaries and require Member States to inform the beneficiaries of the de minimis aid received. |
| --- | --- |

(15)

The Commission must ensure that State aid rules are complied with, and in particular that aid granted under the de minimis rules meets the conditions thereof. In accordance with the cooperation principle laid down in Article 10 of the Treaty, Member States should facilitate the achievement of this task by establishing the necessary machinery to ensure that the total amount of aid granted under the de minimis rule does not exceed either the ceiling of EUR 7 500 per beneficiary or the overall ceilings established by the Commission on the basis of the value of agricultural output. To that end, when granting de minimis aid, the Member States should inform the undertaking concerned of the amount of aid granted and of its de minimis character, by referring to this Regulation. Moreover, prior to granting such aid the Member State should obtain from the undertaking a declaration about other de minimis aid received during the current fiscal year and the two previous fiscal years and carefully check that the new aid does not make the total amount of de minimis aid received exceed the applicable ceilings. Alternatively, compliance with the ceilings may also be ensured by means of a central register. In the case of guarantee schemes set up by the European Investment Fund, the latter may establish a list of beneficiaries and require Member States to inform the beneficiaries of the de minimis aid received.

| (16) | Regulation (EC) No 1860/2004 was initially due to expire on 31 December 2008. Since this Regulation has to enter into force before that date, the consequences of that as regards its applicability to aid granted to undertakings in the agricultural production sector under Regulation (EC) No 1860/2004 should be clarified. |
| --- | --- |

(16)

Regulation (EC) No 1860/2004 was initially due to expire on 31 December 2008. Since this Regulation has to enter into force before that date, the consequences of that as regards its applicability to aid granted to undertakings in the agricultural production sector under Regulation (EC) No 1860/2004 should be clarified.

| (17) | In the light of the Commission’s experience and in particular the frequency with which it is generally necessary to revise State aid policy, the period of validity of this Regulation should be limited. Should this Regulation expire without having been extended, Member States should have an adjustment period of six months with regard to de minimis aid covered by it, |
| --- | --- |

(17)

In the light of the Commission’s experience and in particular the frequency with which it is generally necessary to revise State aid policy, the period of validity of this Regulation should be limited. Should this Regulation expire without having been extended, Member States should have an adjustment period of six months with regard to de minimis aid covered by it,

HAS ADOPTED THIS REGULATION:

Article 1

Scope

This Regulation applies to aid granted to undertakings in the agricultural production sector, with the exception of:

| (a) | aid the amount of which is fixed on the basis of price or quantity of products put on the market; |
| --- | --- |

(a)

aid the amount of which is fixed on the basis of price or quantity of products put on the market;

| (b) | aid to export-related activities, namely aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity; |
| --- | --- |

(b)

aid to export-related activities, namely aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity;

| (c) | aid contingent on the use of domestic over imported goods; |
| --- | --- |

(c)

aid contingent on the use of domestic over imported goods;

| (d) | aid granted to undertakings in difficulty. |
| --- | --- |

(d)

aid granted to undertakings in difficulty.

Article 2

Definitions

For the purpose of this Regulation:

| 1. | ‘undertakings in the sector of agricultural production’ means undertakings active in the primary production of agricultural products; |
| --- | --- |

1.

‘undertakings in the sector of agricultural production’ means undertakings active in the primary production of agricultural products;

| 2. | ‘agricultural products’ means the products listed in Annex I to the Treaty, except fisheries and acquaculture products covered by Council Regulation (EC) No 104/2000 (10). |
| --- | --- |

2.

‘agricultural products’ means the products listed in Annex I to the Treaty, except fisheries and acquaculture products covered by Council Regulation (EC) No 104/2000 (10).

Article 3

De minimis aid

1.   Aid measures shall be deemed not to meet all the criteria of Article 87(1) of the Treaty and shall therefore not fall under the notification requirement of Article 88(3) of the Treaty where they fulfil the conditions laid down in paragraphs 2 to 7 of this Article.

2.   The total de minimis aid granted to any one undertaking shall not exceed EUR 7 500 over any period of three fiscal years. This ceiling shall apply irrespective of the form of the aid or the objective pursued. The period shall be determined by reference to the fiscal years used by the undertaking in the Member State concerned.

Where the total amount of aid granted for an aid measure exceeds the ceiling referred to in the first subparagraph, none of that amount — not even the fraction not exceeding the ceiling — may benefit from this Regulation. In such cases no aid may be claimed for the measure under this Regulation, either at the time aid is granted or subsequently.

3.   The cumulative amount of de minimis aid granted per Member State to undertakings in the agricultural production sector over any period of three fiscal years shall not exceed the value set out in the Annex hereto.

4.   The ceilings referred to in paragraphs 2 and 3 shall be expressed as a grant. All figures used shall be gross, that is, before any deduction of tax or other charges. Where aid is awarded in a form other than a grant, the aid amount to be taken into account shall be the gross grant equivalent of the aid.

5.   Aid payable in several instalments shall be discounted to its value at the moment of its being granted. The interest rate to be used for discounting purposes and to calculate the gross grant equivalent shall be the reference rate applicable at the time of grant.

6.   This Regulation shall apply only to aid in respect of which it is possible to calculate precisely the gross grant equivalent of the aid ex ante without need to undertake a risk assessment (transparent aid). In particular:

| (a) | aid in the form of loans shall be considered transparent aid where the gross grant equivalent has been calculated on the basis of market interest rates prevailing at the time of the grant. |
| --- | --- |

(a)

aid in the form of loans shall be considered transparent aid where the gross grant equivalent has been calculated on the basis of market interest rates prevailing at the time of the grant.

| (b) | aid in the form of capital injections shall not be considered transparent aid unless the total amount of the public capital injection does not exceed the de minimis ceiling. |
| --- | --- |

(b)

aid in the form of capital injections shall not be considered transparent aid unless the total amount of the public capital injection does not exceed the de minimis ceiling.

| (c) | aid in the form of risk capital measures shall not be considered transparent aid unless the risk capital scheme concerned only provides capital to each undertaking up to the de minimis ceiling. |
| --- | --- |

(c)

aid in the form of risk capital measures shall not be considered transparent aid unless the risk capital scheme concerned only provides capital to each undertaking up to the de minimis ceiling.

| (d) | individual aid provided under a guarantee scheme to undertakings which are not undertakings in difficulty shall be treated as transparent de minimis aid when the guaranteed part of the underlying loan provided under such scheme does not exceed EUR 56 250 per undertaking. If the guaranteed part of the underlying loan only accounts for a given proportion of this ceiling, the gross grant equivalent of that guarantee shall be deemed to correspond to the same proportion of the ceiling laid down in paragraph 2. The guarantee shall not exceed 80 % of the underlying loan. |
| --- | --- |

(d)

individual aid provided under a guarantee scheme to undertakings which are not undertakings in difficulty shall be treated as transparent de minimis aid when the guaranteed part of the underlying loan provided under such scheme does not exceed EUR 56 250 per undertaking. If the guaranteed part of the underlying loan only accounts for a given proportion of this ceiling, the gross grant equivalent of that guarantee shall be deemed to correspond to the same proportion of the ceiling laid down in paragraph 2. The guarantee shall not exceed 80 % of the underlying loan.

Guarantee schemes are also considered as transparent aid schemes if the following conditions are met:

| (i) | before they are implemented, the method used to calculate the gross grant equivalent contained in the guarantee for the purpose of applying this Regulation was approved by the Commission in the form of an adopted Commission Regulation on State aid; |
| --- | --- |

(i)

before they are implemented, the method used to calculate the gross grant equivalent contained in the guarantee for the purpose of applying this Regulation was approved by the Commission in the form of an adopted Commission Regulation on State aid;

| (ii) | the approved method explicitly addresses the type of guarantees and the type of underlying transactions at stake in the context of applying this Regulation. |
| --- | --- |

(ii)

the approved method explicitly addresses the type of guarantees and the type of underlying transactions at stake in the context of applying this Regulation.

7.   De minimis aid shall not be cumulated with State aid in respect of the same eligible costs if such cumulation would result in an aid intensity exceeding that laid down by Community rules in the specific circumstances of each case.

Article 4

Monitoring

1.   Where a Member State intends to grant de minimis aid to an undertaking, it shall inform that undertaking in writing of the prospective amount of the aid (expressed as gross grant equivalent) and of its de minimis character, making express reference to this Regulation and citing its title and publication reference in the Official Journal of the European Union. Where de minimis aid is granted to several undertakings on the basis of a scheme and different amounts of aid are granted to those undertakings, the Member State concerned may choose to fulfil this obligation by informing the undertakings of a fixed sum corresponding to the maximum aid amount to be granted under the scheme. In such case, the fixed sum shall be used for determining whether the ceiling laid down in Article 3(2) is met. Prior to granting the aid, the Member State shall also obtain a declaration from the undertaking concerned, in written or electronic form, about any other de minimis aid received during the previous two fiscal years and the current fiscal year.

The Member State shall obtain a declaration from each beneficiary demonstrating that the amount of aid received by it does not exceed the ceiling laid down in Article 3(2). Where that ceiling is exceeded, the Member State concerned shall ensure that the aid measure leading to the ceiling being exceeded is notified to the Commission or recovered from the beneficiary.

2.   The Member State shall only grant de minimis aid after having checked that it will not raise the total amount of de minimis aid received during the period covering the fiscal year concerned and the two previous years to a level above the ceiling laid down in Article 3(2) and (3).

3.   Where a Member State has set up a central register of de minimis aid containing complete information on all de minimis aid falling within the scope of this Regulation granted by any authority within that Member State, the second subparagraph of paragraph 1 shall not apply once the register covers a period of at least three years.

4.   Where an aid is granted by a Member State on the basis of a guarantee scheme providing a guarantee which is financed from the EU budget under mandate through the European Investment Fund, the first subparagraph of paragraph 1 of this Article may cease to apply.

In such cases, the following monitoring system shall apply:

| (a) | the European Investment Fund shall establish, on a yearly basis, on the basis of information that financial intermediaries must provide to the EIF, a list of beneficiaries of aid and of the gross grant equivalent received by each of them. The European Investment Fund shall send this information to the Member State concerned and to the Commission; |
| --- | --- |

(a)

the European Investment Fund shall establish, on a yearly basis, on the basis of information that financial intermediaries must provide to the EIF, a list of beneficiaries of aid and of the gross grant equivalent received by each of them. The European Investment Fund shall send this information to the Member State concerned and to the Commission;

| (b) | the Member State concerned shall send that information to the final beneficiaries of the aid within three months of receipt of such information; |
| --- | --- |

(b)

the Member State concerned shall send that information to the final beneficiaries of the aid within three months of receipt of such information;

| (c) | the Member State concerned shall obtain a declaration from each beneficiary that the overall de minimis aid it has received does not exceed the de minimis ceiling. Where that ceiling is exceeded, the Member State concerned shall ensure that the aid measure leading to the ceiling being exceeded is notified to the Commission or recovered from the beneficiary. |
| --- | --- |

(c)

the Member State concerned shall obtain a declaration from each beneficiary that the overall de minimis aid it has received does not exceed the de minimis ceiling. Where that ceiling is exceeded, the Member State concerned shall ensure that the aid measure leading to the ceiling being exceeded is notified to the Commission or recovered from the beneficiary.

5.   Member States shall record and compile all the information regarding the application of this Regulation. Such records shall contain all information necessary to demonstrate that the conditions of this Regulation have been complied with.

The information referred to in the first subparagraph shall be kept:

| (a) | in the case of individual de minimis aid, for 10 years from the date on which the aid is granted; |
| --- | --- |

(a)

in the case of individual de minimis aid, for 10 years from the date on which the aid is granted;

| (b) | in the case of de minimis aid schemes, for 10 years from the date on which the last individual aid was granted under the scheme in question. |
| --- | --- |

(b)

in the case of de minimis aid schemes, for 10 years from the date on which the last individual aid was granted under the scheme in question.

6.   On a written request, the Member States shall provide the Commission, within a period of 20 working days, or such longer period as may be fixed in the request, with all the information that the Commission considers necessary for assessing whether the conditions of this Regulation have been met, in particular the total amount of de minimis aid granted to a given undertaking and to the agricultural sector of the Member State concerned.

Article 5

Repeal

Regulation (EC) No 1860/2004 is repealed with effect from 1 January 2008.

Article 6

Transitional provisions

1.   This Regulation shall apply to aid granted before 1 January 2008 to undertakings in the sector of agricultural production, provided that such aid fulfils all the conditions laid down in Articles 1 to 4, except for the reference requirement clearly set out in this Regulation in the first subparagraph of Article 4(1). Any aid which does not fulfil those conditions shall be assessed by the Commission in accordance with the relevant frameworks, guidelines, communications and notices.

2.   Any de minimis aid granted between 1 January 2005 and six months after entry into force of this Regulation, which fulfils the conditions of Regulation (EC) No 1860/2004 applicable to the sector of agricultural production until the date of entry into force of this Regulation, shall be deemed not to meet all the criteria of Article 87(1) of the Treaty and shall therefore be exempt from the notification requirement of Article 88(3) of the Treaty.

3.   At the end of the period of validity of this Regulation, de minimis aid which fulfils the conditions of this Regulation may continue to be applied under the conditions laid down in this Regulation for a further period of six months.

Article 7

Entry into force and period of validity

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008 to 31 December 2013.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 142, 14.5.1998, p. 1.

1

(2)  OJ C 151, 5.7.2007, p. 16.

2

(3)  OJ C 68, 6.3.1996, p. 9.

3

(4)  OJ L 10, 13.1.2001, p. 30.

4

(5)  OJ L 379, 28.12.2006, p. 5.

5

(6)  OJ L 325, 28.10.2004, p. 4. Regulation as last amended by Regulation (EC) No 875/2007 (OJ L 193, 25.7.2007, p. 6).

6

(7)  Judgment of 19 September 2002 in Case C-113/00 Spain v Commission [2002] ECR I-7601, paragraph 73.

7

(8)  OJ C 194, 18.8.2006, p. 2.

8

(9)  OJ C 244, 1.10.2004, p. 2.

9

(10)  OJ L 17, 21.1.2000, p. 22.

10

---

ANNEX

Maximum cumulative amounts of de minimis aid granted per Member State to undertakings in the agricultural production sector as referred to in Article 3(3):

| (EUR) |
| --- |
| BE | 51 532 500 |
| BG | 23 115 000 |
| CZ | 26 257 500 |
| DK | 59 445 000 |
| DE | 297 840 000 |
| EE | 3 502 500 |
| IE | 40 282 500 |
| EL | 75 382 500 |
| ES | 274 672 500 |
| FR | 438 337 500 |
| IT | 320 505 000 |
| CY | 4 327 500 |
| LV | 5 550 000 |
| LT | 11 572 500 |
| LU | 1 777 500 |
| HU | 44 497 500 |
| MT | 870 000 |
| NL | 165 322 500 |
| AT | 40 350 000 |
| PL | 119 542 500 |
| PT | 47 782 500 |
| RO | 98 685 000 |
| SL | 8 167 500 |
| SK | 11 962 500 |
| FI | 26 752 500 |
| SE | 30 217 500 |
| UK | 152 842 500 |

(EUR)

BE

51 532 500

BG

23 115 000

CZ

26 257 500

DK

59 445 000

DE

297 840 000

EE

3 502 500

IE

40 282 500

EL

75 382 500

ES

274 672 500

FR

438 337 500

IT

320 505 000

CY

4 327 500

LV

5 550 000

LT

11 572 500

LU

1 777 500

HU

44 497 500

MT

870 000

NL

165 322 500

AT

40 350 000

PL

119 542 500

PT

47 782 500

RO

98 685 000

SL

8 167 500

SK

11 962 500

FI

26 752 500

SE

30 217 500

UK

152 842 500

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/42 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/42

---

COMMISSION REGULATION (EC) No 1536/2007

of 20 December 2007

on initiating a ‘new exporter’ review of Council Regulation (EC) No 1659/2005 imposing a definitive anti-dumping duty on imports of certain magnesia bricks originating in the People’s Republic of China, repealing the duty with regard to imports from one exporter in this country and making these imports subject to registration

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 on protection against dumped imports from countries not members of the European Community (the basic Regulation) (1) and in particular Article 11(4) thereof,

After consulting the Advisory Committee,

Whereas:

A.   REQUEST FOR A REVIEW

| (1) | The Commission has received an application for a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The application was lodged by Yingkou Dalmond Refractories Co., Ltd (the applicant), an exporting producer in the People’s Republic of China (the country concerned). |
| --- | --- |

(1)

The Commission has received an application for a ‘new exporter’ review pursuant to Article 11(4) of the basic Regulation. The application was lodged by Yingkou Dalmond Refractories Co., Ltd (the applicant), an exporting producer in the People’s Republic of China (the country concerned).

B.   PRODUCT

| (2) | The product under review is chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite originating in the People’s Republic of China (the product concerned), currently classifiable within CN codes ex 6815 91 00, ex 6815 99 10 and ex 6815 99 90 (TARIC codes 6815910010, 6815991020 and 6815999020). These CN codes are given only for information. |
| --- | --- |

(2)

The product under review is chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite originating in the People’s Republic of China (the product concerned), currently classifiable within CN codes ex 6815 91 00, ex 6815 99 10 and ex 6815 99 90 (TARIC codes 6815910010, 6815991020 and 6815999020). These CN codes are given only for information.

C.   EXISTING MEASURES

| (3) | The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1659/2005 (2) under which imports into the Community of the product concerned originating in the People’s Republic of China, including the product concerned produced by the applicant, are subject to a definitive anti-dumping duty of 39,9 % with the exception of several companies specially mentioned which are subject to individual duty rates. |
| --- | --- |

(3)

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 1659/2005 (2) under which imports into the Community of the product concerned originating in the People’s Republic of China, including the product concerned produced by the applicant, are subject to a definitive anti-dumping duty of 39,9 % with the exception of several companies specially mentioned which are subject to individual duty rates.

D.   GROUNDS FOR THE REVIEW

| (4) | The applicant alleges that it operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively claims individual treatment in conformity with Article 9(5) of the basic Regulation, that it did not export the product concerned to the Community during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 April 2003 to 31 March 2004 (the original investigation period) and that it is not related to any of the exporting producers of the product which are subject to the above mentioned anti-dumping measures. |
| --- | --- |

(4)

The applicant alleges that it operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively claims individual treatment in conformity with Article 9(5) of the basic Regulation, that it did not export the product concerned to the Community during the period of investigation on which the anti-dumping measures were based, i.e. the period from 1 April 2003 to 31 March 2004 (the original investigation period) and that it is not related to any of the exporting producers of the product which are subject to the above mentioned anti-dumping measures.

| (5) | The applicant further alleges that it has begun exporting the product concerned to the Community after the end of the original investigation period. |
| --- | --- |

(5)

The applicant further alleges that it has begun exporting the product concerned to the Community after the end of the original investigation period.

E.   PROCEDURE

| (6) | Community producers known to be concerned have been informed of the above mentioned application and have been given an opportunity to comment. |
| --- | --- |

(6)

Community producers known to be concerned have been informed of the above mentioned application and have been given an opportunity to comment.

| (7) | Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a ‘new exporter’ review, pursuant to Article 11(4) of the basic Regulation, with a view to determining whether the applicant operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively whether the applicant fulfils the requirements to have an individual duty established in accordance with Article 9(5) of the basic Regulation and, if so, the applicant’s individual margin of dumping and, should dumping be found, the level of the duty to which their imports of the product concerned into the Community should be subject. |
| --- | --- |

(7)

Having examined the evidence available, the Commission concludes that there is sufficient evidence to justify the initiation of a ‘new exporter’ review, pursuant to Article 11(4) of the basic Regulation, with a view to determining whether the applicant operates under market economy conditions as defined in Article 2(7)(c) of the basic Regulation or alternatively whether the applicant fulfils the requirements to have an individual duty established in accordance with Article 9(5) of the basic Regulation and, if so, the applicant’s individual margin of dumping and, should dumping be found, the level of the duty to which their imports of the product concerned into the Community should be subject.

| (8) | If it is determined that the applicant fulfils the requirements to have an individual duty established, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from companies not individually mentioned in Article 1(2) of Regulation (EC) No 1659/2005.






  (a) | Questionnaires

  In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant. |
| --- | --- | --- |

(8)

If it is determined that the applicant fulfils the requirements to have an individual duty established, it may be necessary to amend the rate of duty currently applicable to imports of the product concerned from companies not individually mentioned in Article 1(2) of Regulation (EC) No 1659/2005.

(a)

Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the applicant.

| (b) | Collection of information and holding of hearings

  All interested parties are hereby invited to make their views known in writing and to provide supporting evidence.
  Furthermore, the Commission may hear interested parties, provided that they make a request in writing showing that there are particular reasons why they should be heard.
  Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party’s making itself known within the period provided for by the present Regulation. |
| --- | --- |

(b)

Collection of information and holding of hearings

All interested parties are hereby invited to make their views known in writing and to provide supporting evidence.

Furthermore, the Commission may hear interested parties, provided that they make a request in writing showing that there are particular reasons why they should be heard.

Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party’s making itself known within the period provided for by the present Regulation.

| (c) | Market economy status

  In the event that the applicant provides sufficient evidence that it operates under market economy conditions, i.e. that it meets the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. For this purpose, duly substantiated claims must be submitted within the specific time limit set in Article 4(3) of this Regulation. The Commission will send claim forms to the applicant, as well as to the authorities of the People’s Republic of China. |
| --- | --- |

(c)

Market economy status

In the event that the applicant provides sufficient evidence that it operates under market economy conditions, i.e. that it meets the criteria laid down in Article 2(7)(c) of the basic Regulation, normal value will be determined in accordance with Article 2(7)(b) of the basic Regulation. For this purpose, duly substantiated claims must be submitted within the specific time limit set in Article 4(3) of this Regulation. The Commission will send claim forms to the applicant, as well as to the authorities of the People’s Republic of China.

| (d) | Selection of the market economy country

  In the event that the applicant is not granted market economy status but fulfils the requirements to have an individual duty established in accordance with Article 9(5) of the basic Regulation, an appropriate market-economy country will be used for the purpose of establishing normal value in respect of the People’s Republic of China in accordance with Article 2(7)(a) of the basic Regulation. The Commission envisages using the United States of America again for this purpose as was done in the investigation which led to the imposition of measures on imports of the product concerned from the People’s Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in Article 4(2) of this Regulation.
  Furthermore, in the event that the applicant is granted market economy status, the Commission may, if necessary, also use findings concerning the normal value established in an appropriate market-economy country, e.g. for the purpose of replacing any unreliable cost or price elements in the People’s Republic of China which are needed in establishing the normal value, if reliable required data are not available in the People’s Republic of China. The Commission envisages using the United States of America also for this purpose. |
| --- | --- |

(d)

Selection of the market economy country

In the event that the applicant is not granted market economy status but fulfils the requirements to have an individual duty established in accordance with Article 9(5) of the basic Regulation, an appropriate market-economy country will be used for the purpose of establishing normal value in respect of the People’s Republic of China in accordance with Article 2(7)(a) of the basic Regulation. The Commission envisages using the United States of America again for this purpose as was done in the investigation which led to the imposition of measures on imports of the product concerned from the People’s Republic of China. Interested parties are hereby invited to comment on the appropriateness of this choice within the specific time limit set in Article 4(2) of this Regulation.

Furthermore, in the event that the applicant is granted market economy status, the Commission may, if necessary, also use findings concerning the normal value established in an appropriate market-economy country, e.g. for the purpose of replacing any unreliable cost or price elements in the People’s Republic of China which are needed in establishing the normal value, if reliable required data are not available in the People’s Republic of China. The Commission envisages using the United States of America also for this purpose.

F.   REPEAL OF THE DUTY IN FORCE AND REGISTRATION OF IMPORTS

| (9) | Pursuant to Article 11(4) of the basic Regulation, the anti-dumping duty in force should be repealed with regard to imports of the product concerned which are produced and sold for export to the Community by the applicant. At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic Regulation, in order to ensure that, should the review result in a finding of dumping in respect of the applicants, anti-dumping duties can be levied retroactively from the date of the initiation of this review. The amount of the applicant’s possible future liabilities cannot be estimated at this stage of the proceeding. |
| --- | --- |

(9)

Pursuant to Article 11(4) of the basic Regulation, the anti-dumping duty in force should be repealed with regard to imports of the product concerned which are produced and sold for export to the Community by the applicant. At the same time, such imports should be made subject to registration in accordance with Article 14(5) of the basic Regulation, in order to ensure that, should the review result in a finding of dumping in respect of the applicants, anti-dumping duties can be levied retroactively from the date of the initiation of this review. The amount of the applicant’s possible future liabilities cannot be estimated at this stage of the proceeding.

G.   TIME LIMITS

| (10) | In the interest of sound administration, time limits should be stated within which:






  — | interested parties may make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mention in Article 4(1) of this Regulation or provide any other information to be taken into account during the investigation, |
| --- | --- | --- |

(10)

In the interest of sound administration, time limits should be stated within which:

—

interested parties may make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mention in Article 4(1) of this Regulation or provide any other information to be taken into account during the investigation,

| — | interested parties may make a written request to be heard by the Commission, |
| --- | --- |

—

interested parties may make a written request to be heard by the Commission,

| — | interested parties may comment on the appropriateness of the United States of America which, in the event that the applicant will not be granted market economy status, is envisaged as a market-economy country for the purpose of establishing normal value in respect of the People’s Republic of China, |
| --- | --- |

—

interested parties may comment on the appropriateness of the United States of America which, in the event that the applicant will not be granted market economy status, is envisaged as a market-economy country for the purpose of establishing normal value in respect of the People’s Republic of China,

| — | the applicant should submit a duly substantiated claim for market economy status. |
| --- | --- |

—

the applicant should submit a duly substantiated claim for market economy status.

H.   NON-COOPERATION

| (11) | In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available. |
| --- | --- |

(11)

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

| (12) | Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated. |
| --- | --- |

(12)

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate or cooperates only partially, and use of facts available is made, the result may be less favourable to that party than if it had cooperated.

I.   PROCESSING OF PERSONAL DATA

| (13) | It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3). |
| --- | --- |

(13)

It is noted that any personal data collected in this investigation will be treated in accordance with Regulation (EC) No 45/2001 of the European Parliament and the Council on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3).

J.   HEARING OFFICER

| (14) | It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer’s web pages on the website of DG Trade (http://ec.europa.eu/trade), |
| --- | --- |

(14)

It is also noted that if interested parties consider that they are encountering difficulties in the exercise of their rights of defence, they may request the intervention of the Hearing Officer of DG Trade. He acts as an interface between the interested parties and the Commission services, offering, where necessary, mediation on procedural matters affecting the protection of their interests in this proceeding, in particular with regard to issues concerning access to the file, confidentiality, extension of time limits and the treatment of written and/or oral submission of views. For further information and contact details, interested parties may consult the Hearing Officer’s web pages on the website of DG Trade (http://ec.europa.eu/trade),

HAS ADOPTED THIS REGULATION:

Article 1

A review of Regulation (EC) No 1659/2005 is hereby initiated pursuant to Article 11(4) of Regulation (EC) No 384/96 in order to determine if and to what extent the imports of chemically bonded, unfired magnesia bricks, whose magnesia component contains at least 80 % MgO, whether or not containing magnesite, falling within CN codes ex 6815 91 00, ex 6815 99 10 and ex 6815 99 90 (TARIC codes 6815910010, 6815991020 and 6815999020) originating in the People’s Republic of China, produced and sold for export to the Community by Yingkou Dalmond Refractories Co., Ltd (TARIC additional code A853) should be subject to the anti-dumping duty imposed by Council Regulation (EC) No 1659/2005.

Article 2

The anti-dumping duty imposed by Regulation (EC) No 1659/2005 is hereby repealed with regard to the imports identified in Article 1 of this Regulation.

Article 3

The customs authorities of the Member States are hereby directed, pursuant to Article 14(5) of Regulation (EC) No 384/96, to take the appropriate steps to register the imports identified in Article 1 of this Regulation. Registration shall expire nine months following the date of entry into force of this Regulation.

Article 4

1.   Interested parties, if their representations are to be taken into account during the investigation, must make themselves known to the Commission, present their views in writing and submit the replies to the questionnaire mentioned in recital 8(a) of this Regulation or any other information, unless otherwise specified, within 40 days of the entry into force of this Regulation.

Interested parties may also apply in writing to be heard by the Commission within the same 40-day time limit.

2.   Parties to the investigation may wish to comment on the appropriateness of the United States of America, which is envisaged as a market-economy third country for the purpose of establishing normal value in respect of the People’s Republic of China, must submit their comments within 10 days of the date of entry into force of this Regulation.

3.   A duly substantiated claim for market economy treatment must reach the Commission within 21 days of the date of the entry into force of this Regulation.

4.   All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax numbers of the interested party. All written submissions, including the information requested in this Regulation, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited
   (4)’ and, in accordance with Article 19(2) of Regulation (EC) No 384/96, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Any information relating to the matter and/or any request for a hearing should be sent to the following address:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate H |
| Office: J-79 4/23 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |

European Commission

Directorate General for Trade

Directorate H

Office: J-79 4/23

B-1049 Brussels

Fax (32-2) 295 65 05

Article 5

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Peter MANDELSON

Member of the Commission

---

(1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

1

(2)  OJ L 267, 12.10.2005, p. 1.

2

(3)  OJ L 8, 12.1.2001, p. 1.

3

(4)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Regulation (EC) No 384/96 and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-dumping Agreement).

4

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/46 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/46

---

COMMISSION REGULATION (EC) No 1537/2007

of 20 December 2007

providing for compensation to producer organisations for tuna delivered to the processing industry between 1 January and 31 March 2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the market in fishery and aquaculture products (1), and in particular Article 27(6) thereof,

Whereas:

| (1) | The compensatory allowance provided for in Article 27 of Council Regulation (EC) No 104/2000 may be granted under certain conditions to Community tuna producer organisations for quantities of tuna delivered to the processing industry during the calendar quarter for which prices were recorded, where both the average quarterly selling price recorded on the Community market and the import price plus any countervailing charge were lower than 87 % of the Community producer price for the product concerned. |
| --- | --- |

(1)

The compensatory allowance provided for in Article 27 of Council Regulation (EC) No 104/2000 may be granted under certain conditions to Community tuna producer organisations for quantities of tuna delivered to the processing industry during the calendar quarter for which prices were recorded, where both the average quarterly selling price recorded on the Community market and the import price plus any countervailing charge were lower than 87 % of the Community producer price for the product concerned.

| (2) | An examination of the situation on the Community market has shown that between 1 January and 31 March 2007 both the average quarterly selling price and the import price as referred to in Article 27 of Regulation (EC) No 104/2000 for Albacore (Thunnus alalunga) were lower than 87 % of the Community producer price in force, as laid down in Council Regulation (EC) No 1969/2006 (2). |
| --- | --- |

(2)

An examination of the situation on the Community market has shown that between 1 January and 31 March 2007 both the average quarterly selling price and the import price as referred to in Article 27 of Regulation (EC) No 104/2000 for Albacore (Thunnus alalunga) were lower than 87 % of the Community producer price in force, as laid down in Council Regulation (EC) No 1969/2006 (2).

| (3) | Entitlement to the compensatory allowance should be determined on the basis of sales which are covered by invoices bearing a date falling within the quarter concerned and which have been used to calculate the average monthly selling price in accordance with Article 4 of Commission Regulation (EC) No 2183/2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting the compensatory allowance for tuna intended for the processing industry (3). |
| --- | --- |

(3)

Entitlement to the compensatory allowance should be determined on the basis of sales which are covered by invoices bearing a date falling within the quarter concerned and which have been used to calculate the average monthly selling price in accordance with Article 4 of Commission Regulation (EC) No 2183/2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards granting the compensatory allowance for tuna intended for the processing industry (3).

| (4) | In accordance with Article 27(2) of Regulation (EC) No 104/2000 the level of the compensation may not in any case exceed either the difference between the triggering threshold and the average selling price of the product in question on the Community market or a flat-rate amount equivalent to 12 % of that threshold. |
| --- | --- |

(4)

In accordance with Article 27(2) of Regulation (EC) No 104/2000 the level of the compensation may not in any case exceed either the difference between the triggering threshold and the average selling price of the product in question on the Community market or a flat-rate amount equivalent to 12 % of that threshold.

| (5) | The quantities on which compensation is payable may under no circumstances, for the quarter concerned, exceed the limits laid down in Article 27(3) of Regulation (EC) No 104/2000. |
| --- | --- |

(5)

The quantities on which compensation is payable may under no circumstances, for the quarter concerned, exceed the limits laid down in Article 27(3) of Regulation (EC) No 104/2000.

| (6) | The quantities of Albacore (Thunnus alalunga) sold and delivered to the processing industry established in the customs territory of the Community were higher during the quarter concerned than the quantities sold and delivered during the same quarter of the three previous fishing years. Since those quantities exceed the limit set in Article 27(3) of Regulation (EC) No 104/2000, the total quantities of those products on which compensation is payable should be limited. |
| --- | --- |

(6)

The quantities of Albacore (Thunnus alalunga) sold and delivered to the processing industry established in the customs territory of the Community were higher during the quarter concerned than the quantities sold and delivered during the same quarter of the three previous fishing years. Since those quantities exceed the limit set in Article 27(3) of Regulation (EC) No 104/2000, the total quantities of those products on which compensation is payable should be limited.

| (7) | In accordance with the ceilings laid down in Article 27(4) of Regulation (EC) No 104/2000 for the purpose of calculating the allowance to be granted to each producer organisation, the quantities on which the allowance is payable should be allocated among the producer organisations concerned in proportion to the quantities produced by them in the same quarter of the 2004, 2005 and 2006 fishing years. |
| --- | --- |

(7)

In accordance with the ceilings laid down in Article 27(4) of Regulation (EC) No 104/2000 for the purpose of calculating the allowance to be granted to each producer organisation, the quantities on which the allowance is payable should be allocated among the producer organisations concerned in proportion to the quantities produced by them in the same quarter of the 2004, 2005 and 2006 fishing years.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Fishery Products,

HAS ADOPTED THIS REGULATION:

Article 1

The compensatory allowance provided for in Article 27 of Regulation (EC) No 104/2000 shall be granted for the period 1 January to 31 March 2007 in respect of Albacore (Thunnus alalunga).

The maximum allowance in accordance with the first and second indents of Article 27(2) of Regulation (EC) No 104/2000 shall be fixed at EUR 5 per tonne.

Article 2

1.   The total quantities on which the compensatory allowance is payable shall be 34,320 tonnes of Albacore (Thunnus alalunga).

2.   The allocation of the total quantity among the producer organisations concerned shall be as set out in the Annex hereto.

Article 3

This Regulation shall enter into force on the seventh day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Joe BORG

Member of the Commission

---

(1)  OJ L 17, 21.1.2000, p. 22. Regulation as last amended by the Act of Accession of 2007.

1

(2)  OJ L 368, 23.12.2006, p. 1.

2

(3)  OJ L 293, 10.11.2001, p. 11.

3

---

ANNEX

Allocation among producer organisations of quantities of tuna on which the compensatory allowance is payable for the period from 1 January to 31 March 2007 in accordance with Article 27(4) of Regulation (EC) No 104/2000, broken down by compensation percentage band

| (in tonnes) |
| --- |
| Albacore (Thunnus alalunga) | Quantity, 100 % of which is eligible for compensation
  (first indent of Article 27(4)) | Quantity, 50 % of which is eligible for compensation
  (second indent of Article 27(4)) | Total quantities on which compensation is payable
  (first and second indents of Article 27(4)) |
| OPAGAC | 11,940 | 0 | 11,940 |
| OPTUC | 0 | 0 | 0 |
| OP 42 | 0 | 0 | 0 |
| ORTHONGEL | 0,271 | 22,109 | 22,380 |
| APASA | 0 | 0 | 0 |
| MADEIRA | 0 | 0 | 0 |
| Community – Total | 12,211 | 22,109 | 34,320 |

(in tonnes)

Albacore (Thunnus alalunga)

Quantity, 100 % of which is eligible for compensation

(first indent of Article 27(4))

Quantity, 50 % of which is eligible for compensation

(second indent of Article 27(4))

Total quantities on which compensation is payable

(first and second indents of Article 27(4))

OPAGAC

11,940

0

11,940

OPTUC

0

0

0

OP 42

0

0

0

ORTHONGEL

0,271

22,109

22,380

APASA

0

0

0

MADEIRA

0

0

0

Community – Total

12,211

22,109

34,320

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/49 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/49

---

COMMISSION REGULATION (EC) No 1538/2007

of 20 December 2007

amending Regulation (EC) No 327/98 opening and providing for the administration of certain tariff quotas for imports of rice and broken rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1095/96 of 18 June 1996 on the implementation of the concessions set out in Schedule CXL drawn up in the wake of the conclusion of the GATT XXIV.6 negotiations (1), and in particular Article 1 thereof,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2), and in particular Article 13(4) thereof,

Whereas:

| (1) | Article 3 of Commission Regulation (EC) No 327/98 (3) limits the validity of export licences issued by certain third countries for the purpose of submitting applications for import licences to the relevant quota year. |
| --- | --- |

(1)

Article 3 of Commission Regulation (EC) No 327/98 (3) limits the validity of export licences issued by certain third countries for the purpose of submitting applications for import licences to the relevant quota year.

| (2) | This provision represents an administrative constraint on the Community authorities, although the validity and control of these licences is mainly the responsibility of the authorities in the countries of export. Maintaining this provision as a criterion for eligibility of applications for import licences is thus neither justified nor necessary. It should therefore be abolished. |
| --- | --- |

(2)

This provision represents an administrative constraint on the Community authorities, although the validity and control of these licences is mainly the responsibility of the authorities in the countries of export. Maintaining this provision as a criterion for eligibility of applications for import licences is thus neither justified nor necessary. It should therefore be abolished.

| (3) | Regulation (EC) No 327/98 should be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 327/98 should be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The third subparagraph of Article 3 of Regulation (EC) No 327/98 shall be deleted.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 146, 20.6.1996, p. 1.

1

(2)  OJ L 270, 21.10.2003, p. 96. Regulation as amended by Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006, p. 1).

2

(3)  OJ L 37, 11.2.1998, p. 5. Regulation as last amended by Regulation (EC) No 2019/2006 (OJ L 384, 29.12.2006, p. 48).

3

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/50 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/50

---

COMMISSION REGULATION (EC) No 1539/2007

of 20 December 2007

fixing the coefficients applicable to cereals exported in the form of Scotch whisky for the period 2007/08

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 1670/2006 of 10 November 2006 laying down certain detailed rules for the application of Council Regulation (EC) No 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (2), and in particular Article 5 thereof,

Whereas:

| (1) | Article 4(1) of Regulation (EC) No 1670/2006 lays down that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned. The coefficient is to express the average ratio between the total quantities exported and the total quantities marketed of the spirit drink concerned, on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirit drink in question. |
| --- | --- |

(1)

Article 4(1) of Regulation (EC) No 1670/2006 lays down that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned. The coefficient is to express the average ratio between the total quantities exported and the total quantities marketed of the spirit drink concerned, on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirit drink in question.

| (2) | According to the information provided by the United Kingdom in respect of the period 1 January to 31 December 2006, the average ageing period for Scotch whisky in 2006 was six years. |
| --- | --- |

(2)

According to the information provided by the United Kingdom in respect of the period 1 January to 31 December 2006, the average ageing period for Scotch whisky in 2006 was six years.

| (3) | The coefficients for the period from 1 October 2007 to 30 September 2008 should therefore be fixed accordingly. |
| --- | --- |

(3)

The coefficients for the period from 1 October 2007 to 30 September 2008 should therefore be fixed accordingly.

| (4) | Article 10 of Protocol 3 to the Agreement on the European Economic Area excludes the grant of refunds in respect of exports to Liechtenstein, Iceland and Norway. Moreover, the Community has concluded agreements abolishing export refunds with certain third countries. Under the terms of Article 7(2) of Regulation (EC) No 1670/2006, this should be taken into account in calculating the coefficients for 2007/08, |
| --- | --- |

(4)

Article 10 of Protocol 3 to the Agreement on the European Economic Area excludes the grant of refunds in respect of exports to Liechtenstein, Iceland and Norway. Moreover, the Community has concluded agreements abolishing export refunds with certain third countries. Under the terms of Article 7(2) of Regulation (EC) No 1670/2006, this should be taken into account in calculating the coefficients for 2007/08,

HAS ADOPTED THIS REGULATION:

Article 1

For the period 1 October 2007 to 30 September 2008, the coefficients provided for in Article 4 of Regulation (EC) No 1670/2006 applying to cereals used in the United Kingdom for manufacturing Scotch whisky shall be as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

1

(2)  OJ L 312, 11.11.2006, p. 33. Regulation as amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

2

---

ANNEX

Coefficients applicable in the United Kingdom

| Period of application | Coefficient applicable |
| --- | --- |
| To malted barley used in the production of malt whisky | To cereals used in the production of grain whisky |
| From 1 October 2007 to 30 September 2008 | 0,445 | 0,526 |

Period of application

Coefficient applicable

To malted barley used in the production of malt whisky

To cereals used in the production of grain whisky

From 1 October 2007 to 30 September 2008

0,445

0,526

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/52 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/52

---

COMMISSION REGULATION (EC) No 1540/2007

of 20 December 2007

fixing the coefficients applicable to cereals exported in the form of Irish whiskey for the period 2007/08

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1),

Having regard to Commission Regulation (EC) No 1670/2006 of 10 November 2006 laying down certain detailed rules for the application of Council Regulation (EC) No 1784/2003 as regards the fixing and granting of adjusted refunds in respect of cereals exported in the form of certain spirit drinks (2), and in particular Article 5 thereof,

Whereas:

| (1) | Article 4(1) of Regulation (EC) No 1670/2006 lays down that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned. The coefficient is to express the average ratio between the total quantities exported and the total quantities marketed of the spirit drink concerned, on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirit drink in question. |
| --- | --- |

(1)

Article 4(1) of Regulation (EC) No 1670/2006 lays down that the quantities of cereals eligible for the refund are to be the quantities placed under control and distilled, weighted by a coefficient to be fixed annually for each Member State concerned. The coefficient is to express the average ratio between the total quantities exported and the total quantities marketed of the spirit drink concerned, on the basis of the trend noted in those quantities during the number of years corresponding to the average ageing period of the spirit drink in question.

| (2) | According to the information provided by Ireland in respect of the period 1 January to 31 December 2006, the average ageing period for Irish whiskey in 2006 was five years. |
| --- | --- |

(2)

According to the information provided by Ireland in respect of the period 1 January to 31 December 2006, the average ageing period for Irish whiskey in 2006 was five years.

| (3) | The coefficients for the period from 1 October 2007 to 30 September 2008 should therefore be fixed accordingly. |
| --- | --- |

(3)

The coefficients for the period from 1 October 2007 to 30 September 2008 should therefore be fixed accordingly.

| (4) | Article 10 of Protocol 3 to the Agreement on the European Economic Area excludes the grant of refunds in respect of exports to Liechtenstein, Iceland and Norway. Moreover, the Community has concluded agreements abolishing export refunds with certain third countries. Under the terms of Article 7(2) of Regulation (EC) No 1670/2006, this should be taken into account in calculating the coefficients for 2007/08, |
| --- | --- |

(4)

Article 10 of Protocol 3 to the Agreement on the European Economic Area excludes the grant of refunds in respect of exports to Liechtenstein, Iceland and Norway. Moreover, the Community has concluded agreements abolishing export refunds with certain third countries. Under the terms of Article 7(2) of Regulation (EC) No 1670/2006, this should be taken into account in calculating the coefficients for 2007/08,

HAS ADOPTED THIS REGULATION:

Article 1

For the period 1 October 2007 to 30 September 2008, the coefficients provided for in Article 4 of Regulation (EC) No 1670/2006 applying to cereals used in Ireland for manufacturing Irish whiskey shall be as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 October 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

1

(2)  OJ L 312, 11.11.2006, p. 33. Regulation as amended by Regulation (EC) No 1913/2006 (OJ L 365, 21.12.2006, p. 52).

2

---

ANNEX

Coefficients applicable in Ireland

| Period of application | Coefficient applicable |
| --- | --- |
| To barley used in the production of Irish whiskey, category B (1) | To cereals used in the production of Irish whiskey, category A |
| From 1 October 2007 to 30 September 2008 | 0,706 | 1,782 |

Period of application

Coefficient applicable

To barley used in the production of Irish whiskey, category B (1)

To cereals used in the production of Irish whiskey, category A

From 1 October 2007 to 30 September 2008

0,706

1,782

---

(1)  Including malted barley.

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/54 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/54

---

COMMISSION REGULATION (EC) No 1541/2007

of 20 December 2007

on proof of completion of customs formalities for the import of sugar into third countries as provided for in Article 16 of Regulation (EC) No 800/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1) and in particular Article 40(1)(g),

Whereas:

| (1) | Article 33(2) of Regulation (EC) No 318/2006 provides that export refunds in the sugar sector may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary. |
| --- | --- |

(1)

Article 33(2) of Regulation (EC) No 318/2006 provides that export refunds in the sugar sector may vary according to destination, where the world market situation or the specific requirements of certain markets make this necessary.

| (2) | Article 1 of Commission Regulation (EC) No 900/2007 of 27 July 2007 on a standing invitation to tender to determine refunds on exports of white sugar until the end of the 2007/2008 marketing year (2) provides for such differentiation by excluding certain destinations. |
| --- | --- |

(2)

Article 1 of Commission Regulation (EC) No 900/2007 of 27 July 2007 on a standing invitation to tender to determine refunds on exports of white sugar until the end of the 2007/2008 marketing year (2) provides for such differentiation by excluding certain destinations.

| (3) | Article 14(1) of Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (3) provides that where the rate of refund varies according to destination, refunds are to be paid subject to the additional conditions laid down under Articles 15 and 16 of that Regulation. |
| --- | --- |

(3)

Article 14(1) of Regulation (EC) No 800/1999 of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (3) provides that where the rate of refund varies according to destination, refunds are to be paid subject to the additional conditions laid down under Articles 15 and 16 of that Regulation.

| (4) | Article 15(1) of Regulation (EC) No 800/1999 provides that the products must have been imported in their unaltered state into the third country or one of the third countries for which the refund applies. |
| --- | --- |

(4)

Article 15(1) of Regulation (EC) No 800/1999 provides that the products must have been imported in their unaltered state into the third country or one of the third countries for which the refund applies.

| (5) | Article 16 of Regulation (EC) No 800/1999 lists the various documents that may constitute proof of the completion of customs formalities in a third country where the refund rate is differentiated according to destination. Under paragraph 4 of that Article the Commission may decide, in certain specific cases to be determined, that the proof referred to in that Article may be deemed to be furnished by a specific document or in any other way. |
| --- | --- |

(5)

Article 16 of Regulation (EC) No 800/1999 lists the various documents that may constitute proof of the completion of customs formalities in a third country where the refund rate is differentiated according to destination. Under paragraph 4 of that Article the Commission may decide, in certain specific cases to be determined, that the proof referred to in that Article may be deemed to be furnished by a specific document or in any other way.

| (6) | In the sugar sector export operations are normally governed by contracts defined as fob on the London futures market. As a result, purchasers accept at that fob stage all the contractual obligations, including proof of completion of customs formalities, without being the direct beneficiaries of the refund to which that proof confers the right. Obtaining that proof for all quantities exported may entail considerable administrative difficulties in certain countries, which may substantially delay or prevent payment of the refund for all the quantities actually exported. |
| --- | --- |

(6)

In the sugar sector export operations are normally governed by contracts defined as fob on the London futures market. As a result, purchasers accept at that fob stage all the contractual obligations, including proof of completion of customs formalities, without being the direct beneficiaries of the refund to which that proof confers the right. Obtaining that proof for all quantities exported may entail considerable administrative difficulties in certain countries, which may substantially delay or prevent payment of the refund for all the quantities actually exported.

| (7) | In order to limit the impact on the equilibrium of the sugar market, Commission Regulation (EC) No 436/2007 of 20 April 2007 on proof of completion of customs formalities for the import of sugar into third countries as provided for in Article 16 of Regulation (EC) No 800/1999 (4) provides for relaxation of the rules on proof of completion of customs formalities until 31 December 2007. |
| --- | --- |

(7)

In order to limit the impact on the equilibrium of the sugar market, Commission Regulation (EC) No 436/2007 of 20 April 2007 on proof of completion of customs formalities for the import of sugar into third countries as provided for in Article 16 of Regulation (EC) No 800/1999 (4) provides for relaxation of the rules on proof of completion of customs formalities until 31 December 2007.

| (8) | Given that the administrative difficulties that prompted this derogation and their impact on the market persist, the alternative proofs of destination should apply for 2008. |
| --- | --- |

(8)

Given that the administrative difficulties that prompted this derogation and their impact on the market persist, the alternative proofs of destination should apply for 2008.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

In the case of exports effected in accordance with Article 32 of Regulation (EC) No 318/2006, products shall be deemed to have been imported into a third country on presentation of the following three documents:

| (a) | a copy of the transport document; |
| --- | --- |

(a)

a copy of the transport document;

| (b) | a declaration that the product has been unloaded, drawn up by an official authority of the third country in question, by the official authorities of a Member State established in the country of destination, or by an international supervisory agency approved under Articles 16a to 16f of Regulation (EC) No 800/1999, certifying that the product has left the unloading site or at least that, to the knowledge of the authority or agency issuing the declaration, the product has not subsequently been reloaded with a view to being re-exported; |
| --- | --- |

(b)

a declaration that the product has been unloaded, drawn up by an official authority of the third country in question, by the official authorities of a Member State established in the country of destination, or by an international supervisory agency approved under Articles 16a to 16f of Regulation (EC) No 800/1999, certifying that the product has left the unloading site or at least that, to the knowledge of the authority or agency issuing the declaration, the product has not subsequently been reloaded with a view to being re-exported;

| (c) | a bank document issued by approved intermediaries established in the Community certifying that payment corresponding to the export in question has been credited to the account of the exporter opened with them, or proof of payment. |
| --- | --- |

(c)

a bank document issued by approved intermediaries established in the Community certifying that payment corresponding to the export in question has been credited to the account of the exporter opened with them, or proof of payment.

Article 2

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008 to 31 December 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).

1

(2)  OJ L 196, 28.7.2007, p. 26. Regulation as amended by Regulation (EC) No 1298/2007 (OJ L 289, 7.11.2007, p. 3).

2

(3)  OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 1001/2007 (OJ L 226, 30.8.2007, p. 9).

3

(4)  OJ L 104, 21.4.2007, p. 14.

4

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/56 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/56

---

COMMISSION REGULATION (EC) No 1542/2007

of 20 December 2007

on landing and weighing procedures for herring, mackerel and horse mackerel

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the common fisheries policy (1), and in particular Article 23 thereof,

Whereas:

| (1) | Article 23(5) of Regulation (EC) No 2371/2002 provides that detailed rules may be adopted concerning the setting up of administrative and technical structures necessary for ensuring effective control, inspection and enforcement as laid down in Article 23(3) thereof. |
| --- | --- |

(1)

Article 23(5) of Regulation (EC) No 2371/2002 provides that detailed rules may be adopted concerning the setting up of administrative and technical structures necessary for ensuring effective control, inspection and enforcement as laid down in Article 23(3) thereof.

| (2) | It is appropriate, in order to ensure fair competition, to introduce harmonised procedures for landing and weighing of herring, mackerel and horse mackerel. |
| --- | --- |

(2)

It is appropriate, in order to ensure fair competition, to introduce harmonised procedures for landing and weighing of herring, mackerel and horse mackerel.

| (3) | Procedures for landing and weighing have been developed during 2002 to 2005 in close cooperation between the Community, Norway and the Faeroe Islands and have been made part of Community legislation during the development phase as transitional technical and control measures in Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in community waters, and for Community vessels, in waters where catch limitations are required (2). |
| --- | --- |

(3)

Procedures for landing and weighing have been developed during 2002 to 2005 in close cooperation between the Community, Norway and the Faeroe Islands and have been made part of Community legislation during the development phase as transitional technical and control measures in Council Regulation (EC) No 41/2007 of 21 December 2006 fixing for 2007 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in community waters, and for Community vessels, in waters where catch limitations are required (2).

| (4) | To allow an adequate control and inspection of landings of herring, mackerel and horse mackerel by Community vessels landings should only be allowed in designated ports in the Community or in third countries that apply a system similar to the Community system for landing and weighing of those species. |
| --- | --- |

(4)

To allow an adequate control and inspection of landings of herring, mackerel and horse mackerel by Community vessels landings should only be allowed in designated ports in the Community or in third countries that apply a system similar to the Community system for landing and weighing of those species.

| (5) | In order to improve the accuracy of the information submitted in the logbook, it is necessary to provide for certain exceptions to Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish (3). For reasons of clarity, it is appropriate to specify that certain requirements of this Regulation apply in addition to those set out in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (4). |
| --- | --- |

(5)

In order to improve the accuracy of the information submitted in the logbook, it is necessary to provide for certain exceptions to Commission Regulation (EEC) No 2807/83 of 22 September 1983 laying down detailed rules for recording information on Member States’ catches of fish (3). For reasons of clarity, it is appropriate to specify that certain requirements of this Regulation apply in addition to those set out in Council Regulation (EEC) No 2847/93 of 12 October 1993 establishing a control system applicable to the common fisheries policy (4).

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for Fisheries and Aquaculture,

HAS ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Scope

This Regulation shall apply to landings in the Community by Community and third country fishing vessels, or by Community fishing vessels in third countries, of quantities per landing exceeding 10 tonnes of herring (Clupea harengus), mackerel (Scomber scombrus) and horse mackerel (Trachurus spp.) or a combination thereof, taken in

| (a) | for herring in ICES (5) zones I, II, IIIa, IV, Vb, VI, and VII; |
| --- | --- |

(a)

for herring in ICES (5) zones I, II, IIIa, IV, Vb, VI, and VII;

| (b) | for mackerel and horse mackerel in ICES zones IIa, IIIa, IV, VI, and VII. |
| --- | --- |

(b)

for mackerel and horse mackerel in ICES zones IIa, IIIa, IV, VI, and VII.

Article 2

Designated ports

1.   Landings of herring, mackerel or horse mackerel shall be prohibited outside ports designated by Member States or third countries that have concluded agreements with the Community concerning the landings of such fish.

2.   Each Member State concerned shall transmit to the Commission a list of designated ports in which landings of herring, mackerel or horse mackerel may take place. It shall also communicate to the Commission the inspection and surveillance procedures applicable in those ports, including the terms and conditions for recording and reporting the quantities of any of such species within each landing.

3.   Each Member State concerned shall transmit to the Commission, at least 15 days before they enter into force, any changes to the lists of ports and to the inspection and surveillance procedures referred to in paragraph 2.

4.   The Commission shall transmit the information referred to in paragraphs 2 and 3 as well as the list of ports designated by third countries to all Member States concerned.

5.   The Commission and the Member State concerned shall publish the list of designated ports and the changes thereto on their websites.

CHAPTER II

LANDINGS IN THE COMMUNITY

Article 3

Entry into port

1.   The master of a fishing vessel or his agent shall inform the competent authorities of the Member State in which the landing is to be made, at least four hours in advance of entry to port of landing concerned of the following:

| (a) | the port he intends to enter, the name of the vessel and its registration number; |
| --- | --- |

(a)

the port he intends to enter, the name of the vessel and its registration number;

| (b) | the estimated time of arrival at that port; |
| --- | --- |

(b)

the estimated time of arrival at that port;

| (c) | the quantities in kilograms live weight by species retained on board; |
| --- | --- |

(c)

the quantities in kilograms live weight by species retained on board;

| (d) | the zone where the catch was taken, as defined in Article 10(d) below. |
| --- | --- |

(d)

the zone where the catch was taken, as defined in Article 10(d) below.

2.   A Member State may provide for a shorter notification period than laid down in paragraph 1. In such a case the Member State shall inform the Commission 15 days before its entry into force. The Commission and the Member States concerned shall put this information on their respective websites.

Article 4

Discharge

The competent authorities of the Member State concerned shall require that the discharge does not commence until authorised to do so. If the discharge is interrupted, permission shall be required before the discharge can recommence.

Article 5

Logbook

1.   By way of derogation from the provisions of point 4.2 of Annex IV to Regulation (EEC) No 2807/83, the master of a fishing vessel shall submit, immediately upon arrival to port, the relevant page or pages of the logbook to the competent authority at the port of landing.

2.   The quantities retained on board, notified prior to landing as referred to in Article 3(1)(c), shall be equal to the quantities recorded in the logbook after its completion.

3.   By way of derogation from the provisions of Article 5(2) of Regulation (EEC) No 2807/83, the permitted margin of tolerance in estimates recorded into the logbook of the quantities in kilograms of fish retained on board of vessels shall be 10 %.

Article 6

Weighing of fresh fish

1.   All buyers purchasing fresh fish shall ensure that all quantities received are weighed on systems approved by the competent authorities. The weighing shall be carried out prior to the fish being sorted, processed, held in storage and transported from the port of landing or resold. The figure resulting from the weighing shall be used for the completion of landing declarations, sales notes and takeover declarations.

2.   When determining the weight any deduction for water shall not exceed 2 %.

Article 7

Weighing of fresh fish after transport

1.   By way of derogation from Article 6(1) Member States may permit fresh fish to be weighed after transport from the port of landing provided that the fish has not been weighed on landing and is transported to a destination on the territory of the Member State no more than 100 kilometres from the port of landing.

2.   Weighing of fresh fish after transport, as referred to in paragraph 1, may only be permitted if:

| (a) | the tanker in which the fish is transported is accompanied by an inspector from the place of landing to the place where the fish is weighed, or |
| --- | --- |

(a)

the tanker in which the fish is transported is accompanied by an inspector from the place of landing to the place where the fish is weighed, or

| (b) | approval is given by the competent authorities at the place of landing to transport the fish. |
| --- | --- |

(b)

approval is given by the competent authorities at the place of landing to transport the fish.

3.   The approval referred to in paragraph 2(b) shall be subject to the following conditions:

| (a) | immediately prior to the tanker leaving the port of landing, the buyer or his agent must provide to the competent authorities a written declaration giving the species of the fish and name of the vessel from which it has been discharged, the unique identity number of the tanker and details of the destination where the fish will be weighed; the declaration must include the date and time as well as the estimated time of arrival of the tanker at the destination; |
| --- | --- |

(a)

immediately prior to the tanker leaving the port of landing, the buyer or his agent must provide to the competent authorities a written declaration giving the species of the fish and name of the vessel from which it has been discharged, the unique identity number of the tanker and details of the destination where the fish will be weighed; the declaration must include the date and time as well as the estimated time of arrival of the tanker at the destination;

| (b) | a copy of the declaration provided for in point (a) must be kept by the driver during the transport of the fish and handed over to the receiver of the fish at the destination. |
| --- | --- |

(b)

a copy of the declaration provided for in point (a) must be kept by the driver during the transport of the fish and handed over to the receiver of the fish at the destination.

Article 8

Publicly operated weighing facilities for fresh fish

In cases where publicly operated weighing facilities are used the party weighing the fish shall issue to the buyer a weighing slip indicating the date and time of the weighing and the identity number of the tanker. A copy of the weighing slip shall be attached to the sales note or takeover declaration.

Article 9

Privately operated weighing facilities for fresh fish

1.   In cases where privately operated weighing facilities are used, the provisions of this Article shall apply.

2.   The weighing system shall be approved, calibrated and sealed by the competent authorities.

3.   The party weighing the fish shall for each weighing system keep a bound, paginated logbook (weighing logbook) indicating:

| (a) | the name and registration number of the vessel from which the fish has been landed; |
| --- | --- |

(a)

the name and registration number of the vessel from which the fish has been landed;

| (b) | the identity number of the tankers in cases where fish has been transported from the port of landing before weighing in accordance with Article 7. Each tanker load shall be weighed and recorded separately; |
| --- | --- |

(b)

the identity number of the tankers in cases where fish has been transported from the port of landing before weighing in accordance with Article 7. Each tanker load shall be weighed and recorded separately;

| (c) | the species of fish; |
| --- | --- |

(c)

the species of fish;

| (d) | the weight of each landing; |
| --- | --- |

(d)

the weight of each landing;

| (e) | the date and time of the beginning and end of the weighing. |
| --- | --- |

(e)

the date and time of the beginning and end of the weighing.

4.   Where the weighing is carried out on a conveyor belt system a visible counter shall be fitted that records the cumulative total of the weight. The reading of the counter at the beginning of the weighing as well as the cumulative total shall be recorded in the weighing logbook. All use of the system shall be recorded in the weighing logbook.

Article 10

Labelling of frozen fish

Vessels shall only be permitted to land frozen fish that has been identified with a clearly legible label or stamp. The label or stamp, which shall be placed on each box or block of frozen fish, shall indicate the following:

| (a) | name or registration number of the vessel which caught the fish; |
| --- | --- |

(a)

name or registration number of the vessel which caught the fish;

| (b) | species; |
| --- | --- |

(b)

species;

| (c) | date of production; |
| --- | --- |

(c)

date of production;

| (d) | zone where the catch was taken; the zone shall refer to the sub-area and division or sub-division in which catch limits apply pursuant to Community law. |
| --- | --- |

(d)

zone where the catch was taken; the zone shall refer to the sub-area and division or sub-division in which catch limits apply pursuant to Community law.

Article 11

Weighing of frozen fish

1.   All buyers or holders of frozen fish shall ensure that the quantities landed are weighed prior to the fish being processed, held in storage, transported from the port of landing or resold. The weight of frozen fish landed in boxes shall be determined per species by multiplying the total number of boxes by a net average weight for a box calculated according to the methodology set down in the Annex.

2.   The party weighing the fish shall keep a record per landing, indicating:

| (a) | the name and registration number of the vessel from which the fish has been landed; |
| --- | --- |

(a)

the name and registration number of the vessel from which the fish has been landed;

| (b) | the species of fish landed; |
| --- | --- |

(b)

the species of fish landed;

| (c) | the size of the lot and sample of pallets per species in accordance with the provisions of point 1 of the Annex; |
| --- | --- |

(c)

the size of the lot and sample of pallets per species in accordance with the provisions of point 1 of the Annex;

| (d) | the weight of each pallet in the sample and the average weight of the pallets; |
| --- | --- |

(d)

the weight of each pallet in the sample and the average weight of the pallets;

| (e) | the number of boxes on each pallet in the sample; |
| --- | --- |

(e)

the number of boxes on each pallet in the sample;

| (f) | the tare weight per box, if different from the tare weight specified in point 4 of the Annex; |
| --- | --- |

(f)

the tare weight per box, if different from the tare weight specified in point 4 of the Annex;

| (g) | the average weight of an empty pallet in accordance with the provisions of point 3(b) of the Annex; |
| --- | --- |

(g)

the average weight of an empty pallet in accordance with the provisions of point 3(b) of the Annex;

| (h) | the average weight per box per species. |
| --- | --- |

(h)

the average weight per box per species.

3.   The figure resulting from the weighing shall be used for the completion of landing declarations, sales notes and takeover declarations.

Article 12

Keeping of weighing documents

The weighing logbook and records provided for in Article 9(3) and 11(2) and the copies of written declarations provided for in Article 7(3)(b) shall be kept for six years.

Article 13

Sales note and takeover declaration

In addition to the provisions of Article 9(5) of Regulation (EC) No 2847/93, the processor, receiver or buyer of all fish landed shall submit a copy of the sales note or takeover declaration to the competent authorities of the Member State concerned on demand, but in any event no later than 48 hours after the completion of the weighing.

Article 14

Access by competent authorities

The competent authorities shall have full access at all times to the weighing system, the weighing logbooks, written declarations and all premises where the fish is processed and kept.

Article 15

Cross-checks

The competent authorities shall carry out administrative cross-checks on all landings between the following:

| 1. | quantities by species indicated in the prior notice of landing, as referred to in Article 3(1)(c), and the quantities recorded in the vessel’s logbook, |
| --- | --- |

1.

quantities by species indicated in the prior notice of landing, as referred to in Article 3(1)(c), and the quantities recorded in the vessel’s logbook,

| 2. | quantities by species recorded in the vessel’s logbook and the quantities recorded in the landing declaration, |
| --- | --- |

2.

quantities by species recorded in the vessel’s logbook and the quantities recorded in the landing declaration,

| 3. | quantities by species recorded on the landing declaration and the quantities recorded in the takeover declaration or the sales note, |
| --- | --- |

3.

quantities by species recorded on the landing declaration and the quantities recorded in the takeover declaration or the sales note,

| 4. | catch area recorded in the vessel’s logbook and the VMS data for the vessel concerned. |
| --- | --- |

4.

catch area recorded in the vessel’s logbook and the VMS data for the vessel concerned.

Article 16

Full inspection

1.   The competent authorities of a Member State shall ensure that at least 15 % of the quantities of fish landed and at least 10 % of the landings of fish are subject to full inspections. Such inspections shall be carried out in accordance with paragraphs 2, 3 and 4.

2.   The weighing of the catch from the vessel shall be monitored by species. In the case of vessels pumping catch ashore the weighing of the entire discharge shall be monitored. In the case of landings of frozen fish, all boxes shall be counted and the methodology for calculating the average net weight of boxes provided for in the Annex shall be monitored.

3.   The following data shall be cross-checked in addition to those referred to in Article 15:

| (a) | quantities by species recorded in the weighing logbook and the quantities by species recorded in the takeover declaration or the sales note; |
| --- | --- |

(a)

quantities by species recorded in the weighing logbook and the quantities by species recorded in the takeover declaration or the sales note;

| (b) | the written declarations received by the competent authorities pursuant to Article 7(3)(a) and the written declarations held by the receiver of the fish pursuant to Article 7(3)(b); |
| --- | --- |

(b)

the written declarations received by the competent authorities pursuant to Article 7(3)(a) and the written declarations held by the receiver of the fish pursuant to Article 7(3)(b);

| (c) | identity numbers of tankers entered into the weighing logbook in accordance with Article 9(3)(b) and the numbers that appear in the written declarations provided for in Article 7(3)(a). |
| --- | --- |

(c)

identity numbers of tankers entered into the weighing logbook in accordance with Article 9(3)(b) and the numbers that appear in the written declarations provided for in Article 7(3)(a).

4.   It shall be verified that the vessel is empty of all fish, once the discharge has been completed.

Article 17

Documentation of inspection activities

All inspection activities covered by Article 16 shall be documented. Such documentation shall be kept for six years.

CHAPTER III

FINAL PROVISIONS

Article 18

Entry into force

This Regulation shall enter into force on 1 January 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Joe BORG

Member of the Commission

---

(1)  OJ L 358, 31.12.2002, p. 59. Regulation as amended by Regulation (EC) No 865/2007 (OJ L 192, 24.7.2007, p. 1).

1

(2)  OJ L 15, 20.1.2007, p. 1. Regulation as last amended by Commission Regulation (EC) No 898/2007 (OJ L 196, 28.7.2007, p. 22).

2

(3)  OJ L 276, 10.10.1983, p. 1. Regulation as last amended by Regulation (EC) No 1804/2005 (OJ L 290, 4.11.2005, p. 10).

3

(4)  OJ L 261, 20.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 1967/2006 (OJ L 409, 30.12.2006, p. 11).

4

(5)  International Council for the exploration of the Sea as defined in Council Regulation (EEC) No 3880/91 of 17 December 1991 on the submission of nominal catch statistics by Member States in the north-east Atlantic (OJ L 365, 31.12.1991, p. 1 as last amended by Regulation (EC) No 448/2005 (OJ L 74, 19.3.2005, p. 5).

5

---

ANNEX

Methodology for calculating the average net weight of boxes or blocks of frozen fish

| 1. | The average weight per box shall be determined per species using the sampling plan in the table below. The sample of pallets shall be selected randomly.
  Sampling Plan






  Lot size
  (number of boxes) | Sample size
  (number of pallets × 52 boxes) |
| --- | --- | --- |
| 5 000 or less | 3 |
| 5 001-10 000 | 4 |
| 10 001-15 000 | 5 |
| 15 001-20 000 | 6 |
| 20 001-30 000 | 7 |
| 30 001-50 000 | 8 |
| More than 50 000 | 9 |

1.

The average weight per box shall be determined per species using the sampling plan in the table below. The sample of pallets shall be selected randomly.

Sampling Plan

Lot size

(number of boxes)

Sample size

(number of pallets × 52 boxes)

5 000 or less

3

5 001-10 000

4

10 001-15 000

5

15 001-20 000

6

20 001-30 000

7

30 001-50 000

8

More than 50 000

9

| 2. | Each pallet of boxes in the sample shall be weighed. The total gross weight of all pallets in the sample shall be divided by the total number of pallets in the sample to arrive at the average gross weight per pallet per species. |
| --- | --- |

2.

Each pallet of boxes in the sample shall be weighed. The total gross weight of all pallets in the sample shall be divided by the total number of pallets in the sample to arrive at the average gross weight per pallet per species.

| 3. | In order to arrive at the net weight per box per species the following deductions are made from the average gross weight of the pallet referred to in point 2:






  (a) | The average tare weight per box equal to the weight of ice and cardboard, plastic or other packaging material multiplied by the number of boxes on the pallet; |
| --- | --- | --- |

3.

In order to arrive at the net weight per box per species the following deductions are made from the average gross weight of the pallet referred to in point 2:

(a)

The average tare weight per box equal to the weight of ice and cardboard, plastic or other packaging material multiplied by the number of boxes on the pallet;

| (b) | The average weight of nine empty pallets as used in the landing. |
| --- | --- |

(b)

The average weight of nine empty pallets as used in the landing.

The resulting net weight per pallet per species shall then be divided by the number of boxes on the pallet.

| 4. | The tare weight per box referred to in point 3(a) shall be 1,5 kg. A Member State may use a different tare weight per box provided that they submit their sampling methodology and any changes thereto to the Commission for approval. |
| --- | --- |

4.

The tare weight per box referred to in point 3(a) shall be 1,5 kg. A Member State may use a different tare weight per box provided that they submit their sampling methodology and any changes thereto to the Commission for approval.

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/62 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/62

---

COMMISSION REGULATION (EC) No 1543/2007

of 20 December 2007

amending Regulation (EC) No 581/2004 opening a standing invitation to tender for export refunds concerning certain types of butter and Regulation (EC) No 582/2004 opening a standing invitation to tender for exports refunds concerning skimmed milk powder

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3)(b) and (14) thereof,

Whereas:

| (1) | Article 1(1) of Commission Regulation (EC) No 581/2004 (2) and Article 1(1) of Commission Regulation (EC) No 582/2004 (3) open a permanent invitation to tender to determine export refunds on certain dairy products to destinations excluding certain third countries and territories. |
| --- | --- |

(1)

Article 1(1) of Commission Regulation (EC) No 581/2004 (2) and Article 1(1) of Commission Regulation (EC) No 582/2004 (3) open a permanent invitation to tender to determine export refunds on certain dairy products to destinations excluding certain third countries and territories.

| (2) | To avoid misinterpretation of the status of those destinations, it is appropriate to distinguish between third countries and territories of European Union Member States not forming part of the customs territory of the Community. |
| --- | --- |

(2)

To avoid misinterpretation of the status of those destinations, it is appropriate to distinguish between third countries and territories of European Union Member States not forming part of the customs territory of the Community.

| (3) | Article 2(2) of Regulation (EC) No 581/2004 and Article 2(2) of Regulation (EC) No 582/2004 lay down the application period for tender export refund certificates for butter and skimmed milk powder accordingly. Given the situation on the market for milk and milk products, Commission Regulation (EC) No 1119/2007 of 27 September 2007 derogating from Regulation (EC) No 581/2004 opening a standing invitation to tender for export refunds concerning certain types of butter and from Regulation (EC) No 582/2004 opening a standing invitation to tender for exports refunds concerning skimmed milk powder (4) has provided for one single tender application period per month in the last quarter of 2007. |
| --- | --- |

(3)

Article 2(2) of Regulation (EC) No 581/2004 and Article 2(2) of Regulation (EC) No 582/2004 lay down the application period for tender export refund certificates for butter and skimmed milk powder accordingly. Given the situation on the market for milk and milk products, Commission Regulation (EC) No 1119/2007 of 27 September 2007 derogating from Regulation (EC) No 581/2004 opening a standing invitation to tender for export refunds concerning certain types of butter and from Regulation (EC) No 582/2004 opening a standing invitation to tender for exports refunds concerning skimmed milk powder (4) has provided for one single tender application period per month in the last quarter of 2007.

| (4) | Since that situation of the market is likely to remain, and with a view to avoid unnecessary administrative procedures and charges it is appropriate to definitely adopt this frequency on a permanent base as from January 2008. |
| --- | --- |

(4)

Since that situation of the market is likely to remain, and with a view to avoid unnecessary administrative procedures and charges it is appropriate to definitely adopt this frequency on a permanent base as from January 2008.

| (5) | It is therefore necessary to amend Regulations (EC) No 581/2004 and (EC) No 582/2004 accordingly. |
| --- | --- |

(5)

It is therefore necessary to amend Regulations (EC) No 581/2004 and (EC) No 582/2004 accordingly.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 581/2004 is amended as follows:

| 1. | in Article 1(1) the second subparagraph is replaced by the following:
  ‘The products referred to in the first subparagraph are intended for export for all destinations except the following countries and territories:






  (a) | third countries: Andorra, the Holy See (Vatican City State), Liechtenstein and the United States of America; |
| --- | --- | --- |

1.

in Article 1(1) the second subparagraph is replaced by the following:

‘The products referred to in the first subparagraph are intended for export for all destinations except the following countries and territories:

(a)

third countries: Andorra, the Holy See (Vatican City State), Liechtenstein and the United States of America;

| (b) | territories of EU Member States not forming part of the customs territory of the Community: Gibraltar, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.’; |
| --- | --- |

(b)

territories of EU Member States not forming part of the customs territory of the Community: Gibraltar, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.’;

| 2. | in Article 2 paragraph 2 is replaced by the following:
  ‘2.   Each tendering period shall begin at 13.00 (Brussels time) on the second Tuesday of the month with the following exceptions:






  (a) | in August it shall begin at 13.00 (Brussels time) on the third Tuesday; |
| --- | --- | --- |

2.

in Article 2 paragraph 2 is replaced by the following:

‘2.   Each tendering period shall begin at 13.00 (Brussels time) on the second Tuesday of the month with the following exceptions:

(a)

in August it shall begin at 13.00 (Brussels time) on the third Tuesday;

| (b) | in December it shall begin at 13.00 (Brussels time) on the first Tuesday. |
| --- | --- |

(b)

in December it shall begin at 13.00 (Brussels time) on the first Tuesday.

If Tuesday is a public holiday, the period shall begin at 13.00 (Brussels time) on the following working day.

Each tendering period shall end at 13.00 (Brussels time) on the third Tuesday of the month with the following exceptions:

| (a) | in August it shall end at 13.00 (Brussels time) on the fourth Tuesday; |
| --- | --- |

(a)

in August it shall end at 13.00 (Brussels time) on the fourth Tuesday;

| (b) | in December it shall end at 13.00 (Brussels time) on the second Tuesday. |
| --- | --- |

(b)

in December it shall end at 13.00 (Brussels time) on the second Tuesday.

If Tuesday is a public holiday the period shall end at 13.00 (Brussels time) on the previous working day.’

Article 2

Regulation (EC) No 582/2004 is amended as follows:

| 1. | in Article 1 paragraph 1 is replaced by the following:
  ‘1.   A permanent tender is opened in order to determine the export refund on skimmed milk powder referred to in Section 9 of Annex I to Commission Regulation (EEC) No 3846/87 (5) in bags of at least 25 kilograms net weight and containing no more than 0,5 % by weight of added non-lactic matter falling under product code ex ex 0402 10 19 9000, intended for export to all destinations except the following countries and territories:






  (a) | third countries: Andorra, the Holy See (Vatican City State), Liechtenstein and the United States of America; |
| --- | --- | --- |

1.

in Article 1 paragraph 1 is replaced by the following:

‘1.   A permanent tender is opened in order to determine the export refund on skimmed milk powder referred to in Section 9 of Annex I to Commission Regulation (EEC) No 3846/87 (5) in bags of at least 25 kilograms net weight and containing no more than 0,5 % by weight of added non-lactic matter falling under product code ex ex 0402 10 19 9000, intended for export to all destinations except the following countries and territories:

(a)

third countries: Andorra, the Holy See (Vatican City State), Liechtenstein and the United States of America;

| (b) | territories of EU Member States not forming part of the customs territory of the Community: Gibraltar, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control. |
| --- | --- |

(b)

territories of EU Member States not forming part of the customs territory of the Community: Gibraltar, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, Heligoland, Greenland, the Faeroe Islands and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control.

| 2. | in Article 2 paragraph 2 is replaced by the following:
  ‘2.   Each tendering period shall begin at 13.00 (Brussels time) on the second Tuesday of the month with the following exceptions:






  (a) | in August it shall begin at 13.00 (Brussels time) on the third Tuesday; |
| --- | --- | --- |

2.

in Article 2 paragraph 2 is replaced by the following:

‘2.   Each tendering period shall begin at 13.00 (Brussels time) on the second Tuesday of the month with the following exceptions:

(a)

in August it shall begin at 13.00 (Brussels time) on the third Tuesday;

| (b) | in December it shall begin at 13.00 (Brussels time) on the first Tuesday. |
| --- | --- |

(b)

in December it shall begin at 13.00 (Brussels time) on the first Tuesday.

If Tuesday is a public holiday, the period shall begin at 13.00 (Brussels time) on the following working day.

Each tendering period shall end at 13.00 (Brussels time) on the third Tuesday of the month with the following exceptions:

| (a) | in August it shall end at 13.00 (Brussels time) on the fourth Tuesday; |
| --- | --- |

(a)

in August it shall end at 13.00 (Brussels time) on the fourth Tuesday;

| (b) | in December it shall end at 13.00 (Brussels time) on the second Tuesday. |
| --- | --- |

(b)

in December it shall end at 13.00 (Brussels time) on the second Tuesday.

If Tuesday is a public holiday the period shall end at 13.00 (Brussels time) on the previous working day.’

Article 3

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3). Regulation (EC) No 1255/1999 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

1

(2)  OJ L 90, 27.3.2004, p. 64. Regulation as last amended by Regulation (EC) No 276/2007 (OJ L 76, 16.3.2007, p. 16).

2

(3)  OJ L 90, 27.3.2004, p. 67. Regulation as last amended by Regulation (EC) No 276/2007.

3

(4)  OJ L 253, 28.9.2007, p. 23.

4

(5)  OJ L 366, 24.12.1987, p. 1.’;

5

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/64 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/64

---

COMMISSION REGULATION (EC) No 1544/2007

of 20 December 2007

amending Regulation (EC) No 2707/2000 laying down rules for applying Council Regulation (EC) No 1255/1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 15 thereof,

Whereas:

| (1) | Article 14(3) of Regulation (EC) No 1255/1999 as amended by Council Regulation (EC) No 1152/2007 of 26 September 2007 sets up the aid level for milk supplied to pupils in educational establishments, regardless of its fat content and provides for the adaptation of the aid level for other eligible products. |
| --- | --- |

(1)

Article 14(3) of Regulation (EC) No 1255/1999 as amended by Council Regulation (EC) No 1152/2007 of 26 September 2007 sets up the aid level for milk supplied to pupils in educational establishments, regardless of its fat content and provides for the adaptation of the aid level for other eligible products.

| (2) | Commission Regulation (EC) No 2707/2000 (2) should therefore be amended accordingly. |
| --- | --- |

(2)

Commission Regulation (EC) No 2707/2000 (2) should therefore be amended accordingly.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 2707/2000 is amended as follows:

| 1. | Article 3 is replaced by the following:
  ‘Article 3
  1.   Member States may pay the aid on eligible products the list of which is set out in Annex I.
  2.   In the French overseas departments, milk flavoured with chocolate or otherwise may be reconstituted milk.
  3.   Member States may authorise the addition of a maximum of 5 mg of fluorine per kilogram to category I products.
  4.   An aid shall only be granted on the products listed in Annex I to this Regulation if the products comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council (3) and Regulation (EC) No 853/2004 of the European Parliament and of the Council (4), and in particular the requirements concerning preparation in an approved establishment and the identification marking requirements specified in Section I of Annex II to Regulation (EC) No 853/2004. |
| --- | --- |

1.

Article 3 is replaced by the following:

‘Article 3

1.   Member States may pay the aid on eligible products the list of which is set out in Annex I.

2.   In the French overseas departments, milk flavoured with chocolate or otherwise may be reconstituted milk.

3.   Member States may authorise the addition of a maximum of 5 mg of fluorine per kilogram to category I products.

4.   An aid shall only be granted on the products listed in Annex I to this Regulation if the products comply with the requirements of Regulation (EC) No 852/2004 of the European Parliament and of the Council (3) and Regulation (EC) No 853/2004 of the European Parliament and of the Council (4), and in particular the requirements concerning preparation in an approved establishment and the identification marking requirements specified in Section I of Annex II to Regulation (EC) No 853/2004.

| 2. | Article 4(1) is replaced by the following:
  ‘1.   The aid rates are set out in Annex II.’; |
| --- | --- |

2.

Article 4(1) is replaced by the following:

‘1.   The aid rates are set out in Annex II.’;

| 3. | Article 5(2) is replaced by the following:
  ‘2.   For products of categories II to VI listed in Annex I the calculation shall use the following equivalences:






  (a) | category II: 100 kg = 300 kg of milk; |
| --- | --- | --- |

3.

Article 5(2) is replaced by the following:

‘2.   For products of categories II to VI listed in Annex I the calculation shall use the following equivalences:

(a)

category II: 100 kg = 300 kg of milk;

| (b) | category III: 100 kg = 765 kg of milk; |
| --- | --- |

(b)

category III: 100 kg = 765 kg of milk;

| (c) | category IV: 100 kg = 850 kg of milk; |
| --- | --- |

(c)

category IV: 100 kg = 850 kg of milk;

| (d) | category V: 100 kg = 935 kg of milk; |
| --- | --- |

(d)

category V: 100 kg = 935 kg of milk;

| (e) | category VI: 100 kg = 750 kg of milk.’; |
| --- | --- |

(e)

category VI: 100 kg = 750 kg of milk.’;

| 4. | Annexes I and II are replaced by the Annex to this Regulation. |
| --- | --- |

4.

Annexes I and II are replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) 1152/2007 (OJ L 258, 4.10.2007, p. 3). Regulation (EC) No 1255/1999 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1.7.2008.

1

(2)  OJ L 311, 12.12.2000, p. 37. Regulation as last amended by Regulation (EC) 704/2007 (OJ L 161, 22.6.2007, p. 31).

2

(3)  OJ L 139, 30.4.2004, p. 1, as corrected by OJ L 226, 25.6.2004, p. 3.

3

(4)  OJ L 139, 30.4.2004, p. 55, as corrected by OJ L 226, 25.6.2004, p. 22.’;

4

---

ANNEX

ANNEX I

LIST OF PRODUCTS ELIGIBLE FOR COMMUNITY AID

Category I

| (a) | heat-treated milk |
| --- | --- |

(a)

heat-treated milk

| (b) | heat-treated milk flavoured with chocolate or otherwise, containing at least 90 % by weight of the milk indicated in (a) |
| --- | --- |

(b)

heat-treated milk flavoured with chocolate or otherwise, containing at least 90 % by weight of the milk indicated in (a)

| (c) | yoghurt or “piimä/filmjölk” or “piimä/fil” processed from milk indicated in (a) |
| --- | --- |

(c)

yoghurt or “piimä/filmjölk” or “piimä/fil” processed from milk indicated in (a)

Category II

Non-flavoured (1) fresh and processed cheeses with a fat content by weight in the dry matter of at least 40 %.

Category III

Cheeses other than fresh and processed, with a fat content by weight in the dry matter of at least 45 %.

Category IV

Grana Padano cheese.

Category V

Parmigiano Reggiano cheese.

Category VI

Halloumi cheese.

ANNEX II

Aid rates

| (a) | EUR 18,15/100 kg for category I products |
| --- | --- |

(a)

EUR 18,15/100 kg for category I products

| (b) | EUR 54,45/100 kg for category II products |
| --- | --- |

(b)

EUR 54,45/100 kg for category II products

| (c) | EUR 138,85/100 kg for category III products |
| --- | --- |

(c)

EUR 138,85/100 kg for category III products

| (d) | EUR 154,28/100 kg for category IV products |
| --- | --- |

(d)

EUR 154,28/100 kg for category IV products

| (e) | EUR 169,70/100 kg for category V products |
| --- | --- |

(e)

EUR 169,70/100 kg for category V products

| (f) | EUR 136,13/100 kg for category VI products. |
| --- | --- |

(f)

EUR 136,13/100 kg for category VI products.

---

(1)  For the purpose of this category, non-flavoured cheese shall mean cheese exclusively derived from milk, it being accepted that substances necessary for their manufacture may be added, provided that these substances are not used to replace in part or in whole any milk constituent.

1

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/67 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/67

---

COMMISSION REGULATION (EC) No 1545/2007

of 20 December 2007

fixing the complementary quantity of raw cane sugar originating in the ACP States and India for supply to refineries in the period from 1 October 2007 to 30 September 2008

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph of Article 29(4) thereof,

Whereas:

| (1) | Article 29(4) of Regulation (EC) No 318/2006 lays down that, during the 2006/2007, 2007/2008 and 2008/2009 marketing years and in order to ensure adequate supply to Community refineries, import duties on a complementary quantity of imports of raw cane sugar originating in the States referred to in Annex VI to that Regulation are to be suspended. |
| --- | --- |

(1)

Article 29(4) of Regulation (EC) No 318/2006 lays down that, during the 2006/2007, 2007/2008 and 2008/2009 marketing years and in order to ensure adequate supply to Community refineries, import duties on a complementary quantity of imports of raw cane sugar originating in the States referred to in Annex VI to that Regulation are to be suspended.

| (2) | That complementary quantity should be calculated in accordance with Article 19 of Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for the import and refining of products of the sugar sector under certain tariff quotas and preferential agreements (2), on the basis of a Community forecast supply balance of raw sugar. For the 2007/2008 marketing year, the balance indicates the need to import a complementary quantity of raw sugar so that the Community refineries' supply needs can be met. |
| --- | --- |

(2)

That complementary quantity should be calculated in accordance with Article 19 of Commission Regulation (EC) No 950/2006 of 28 June 2006 laying down detailed rules of application for the 2006/2007, 2007/2008 and 2008/2009 marketing years for the import and refining of products of the sugar sector under certain tariff quotas and preferential agreements (2), on the basis of a Community forecast supply balance of raw sugar. For the 2007/2008 marketing year, the balance indicates the need to import a complementary quantity of raw sugar so that the Community refineries' supply needs can be met.

| (3) | To ensure that refineries within the Community have a sufficient supply of raw sugar to fulfil their traditional supply needs, the complementary quantity should be allocated between the third countries concerned in a way to ensure full delivery. For India, it is considered appropriate to maintain an initial quantity of 10 000 tonnes. As regards the remaining supply need, a global quantity should be fixed for the ACP States, which have collectively undertaken to implement between themselves procedures for the allocation of the quantities in order to ensure the appropriate supply of the refineries. |
| --- | --- |

(3)

To ensure that refineries within the Community have a sufficient supply of raw sugar to fulfil their traditional supply needs, the complementary quantity should be allocated between the third countries concerned in a way to ensure full delivery. For India, it is considered appropriate to maintain an initial quantity of 10 000 tonnes. As regards the remaining supply need, a global quantity should be fixed for the ACP States, which have collectively undertaken to implement between themselves procedures for the allocation of the quantities in order to ensure the appropriate supply of the refineries.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the period from 1 October 2007 to 30 September 2008, the complementary quantity of raw cane sugar for refining falling within CN code 1701 11 10, as referred to in Article 29(4) of Regulation (EC) No 318/2006, shall be:

| (a) | 70 000 tonnes expressed as white sugar originating in the States listed in Annex VI to Regulation (EC) No 318/2006 except India; |
| --- | --- |

(a)

70 000 tonnes expressed as white sugar originating in the States listed in Annex VI to Regulation (EC) No 318/2006 except India;

| (b) | 10 000 tonnes expressed as white sugar originating in India. |
| --- | --- |

(b)

10 000 tonnes expressed as white sugar originating in India.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1).

1

(2)  OJ L 178, 1.7.2006, p. 1. Regulation as last amended by Regulation (EC) No 371/2007 (OJ L 92, 3.4.2007, p. 6).

2

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/68 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/68

---

COMMISSION REGULATION (EC) No 1546/2007

of 20 December 2007

amending Regulation (EC) No 1898/2005 laying down detailed rules for implementing Council Regulation (EC) No 1255/1999 as regards measures for the disposal of cream, butter and concentrated butter on the Community market

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Articles 10 and 15 thereof,

Whereas:

| (1) | Council Regulation (EC) No 1152/2007 amended the provisions of Regulation (EC) No 1255/1999 concerning private storage for butter and cream, notably by abolishing the reference to national quality standards as an eligibility criterion for private storage aid for butter. |
| --- | --- |

(1)

Council Regulation (EC) No 1152/2007 amended the provisions of Regulation (EC) No 1255/1999 concerning private storage for butter and cream, notably by abolishing the reference to national quality standards as an eligibility criterion for private storage aid for butter.

| (2) | In view of those new arrangements it is appropriate to align the eligibility criteria for the aid schemes for the disposal of cream, butter and concentrated butter laid down in Commission Regulation (EC) No 1898/2005 (2). In particular references to the national quality standard should be deleted and where necessary replaced by the eligibility criteria of Regulation (EC) No 1255/1999. Relevant provisions on checks should be adapted accordingly. |
| --- | --- |

(2)

In view of those new arrangements it is appropriate to align the eligibility criteria for the aid schemes for the disposal of cream, butter and concentrated butter laid down in Commission Regulation (EC) No 1898/2005 (2). In particular references to the national quality standard should be deleted and where necessary replaced by the eligibility criteria of Regulation (EC) No 1255/1999. Relevant provisions on checks should be adapted accordingly.

| (3) | Regulation (EC) No 1898/2005 should be amended accordingly. |
| --- | --- |

(3)

Regulation (EC) No 1898/2005 should be amended accordingly.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk products, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk products,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1898/2005 is amended as follows:

| 1. | in Article 5(1), point (a) is replaced by the following:






  ‘(a) | butter produced directly and exclusively from pasteurised cream which meets the requirements laid down in Article 6(3) of Regulation (EC) No 1255/1999’; |
| --- | --- | --- |

1.

in Article 5(1), point (a) is replaced by the following:

‘(a)

butter produced directly and exclusively from pasteurised cream which meets the requirements laid down in Article 6(3) of Regulation (EC) No 1255/1999’;

| 2. | in Article 45, paragraph 2 is replaced by the following:
  ‘2.   Where tracers are added to butter or cream, or butter or cream are incorporated into final products or, where applicable, into intermediate products, in a Member State other than the country of manufacture, such butter or cream shall be accompanied by a certificate issued by the competent authority of the Member State of manufacture stating:






  (a) | for butter, that it has been produced on its territory in an approved undertaking which is subject to checks verifying that the butter is produced directly and exclusively from cream or milk within the meaning of Article 6(6) of Regulation (EC) No 1255/1999; |
| --- | --- | --- |

2.

in Article 45, paragraph 2 is replaced by the following:

‘2.   Where tracers are added to butter or cream, or butter or cream are incorporated into final products or, where applicable, into intermediate products, in a Member State other than the country of manufacture, such butter or cream shall be accompanied by a certificate issued by the competent authority of the Member State of manufacture stating:

(a)

for butter, that it has been produced on its territory in an approved undertaking which is subject to checks verifying that the butter is produced directly and exclusively from cream or milk within the meaning of Article 6(6) of Regulation (EC) No 1255/1999;

| (b) | for cream, that it has been produced on its territory in an approved undertaking which is subject to checks that the cream has been obtained directly and exclusively from cow's milk produced in the Community within the meaning of Article 6(6) of Regulation (EC) No 1255/1999. |
| --- | --- |

(b)

for cream, that it has been produced on its territory in an approved undertaking which is subject to checks that the cream has been obtained directly and exclusively from cow's milk produced in the Community within the meaning of Article 6(6) of Regulation (EC) No 1255/1999.

3.   Where the Member State of production has performed the checks on the nature and composition of the butter referred to in Article 5(1) of this Regulation, the certificate referred to in paragraph 2 of this Article shall also contain the results of those checks and confirm that the product concerned is butter within the meaning of the first subparagraph of Article 6(3) of Regulation (EC) No 1255/1999. In that case, the packaging must be sealed by means of a numbered label issued by the competent agency of the Member State of production. The number must be entered on the certificate.’;

| 3. | in Article 72(b), point (i) is replaced by the following:






  ‘(i) | the conditions laid down in Article 6(3) of Regulation (EC) No 1255/1999’; |
| --- | --- | --- |

3.

in Article 72(b), point (i) is replaced by the following:

‘(i)

the conditions laid down in Article 6(3) of Regulation (EC) No 1255/1999’;

| 4. | in Article 74, paragraph 2 is replaced by the following:
  ‘2.   In the case of butter referred to in the second indent of the first subparagraph of Article 6(3) of Regulation (EC) No 1255/1999, the amount of the aid set in paragraph 1 of this Article shall be multiplied by 0,9756.’; |
| --- | --- |

4.

in Article 74, paragraph 2 is replaced by the following:

‘2.   In the case of butter referred to in the second indent of the first subparagraph of Article 6(3) of Regulation (EC) No 1255/1999, the amount of the aid set in paragraph 1 of this Article shall be multiplied by 0,9756.’;

| 5. | in Article 81, paragraph 1 is replaced by the following:
  ‘1.   The butter shall be delivered to the beneficiary in packages bearing in clear and indelible lettering the identification marking in accordance with Article 72(b) and one or more of the entries listed in Annex XVI(1).’; |
| --- | --- |

5.

in Article 81, paragraph 1 is replaced by the following:

‘1.   The butter shall be delivered to the beneficiary in packages bearing in clear and indelible lettering the identification marking in accordance with Article 72(b) and one or more of the entries listed in Annex XVI(1).’;

| 6. | Article 82 is replaced by the following:
  ‘Article 82
  1.   The Member States shall adopt all the necessary inspection measures to ensure that this Chapter is complied with. In particular checks on the commercial documents and stock records of the supplier shall be made in accordance with Council Regulation (EEC) No 4045/89 (3).
  Furthermore, the eligibility of the butter shall be checked by analysing randomly taken physical samples to ensure compliance with Article 72(b)(i) of this Regulation and to verify the absence of non-milk fat.
  Checks shall be the subject of an inspection report specifying the date of the check, its duration and the operations carried out.
  2.   Where the butter is produced in a Member State other than the Member State where it is purchased by a beneficiary, payment of the aid shall be subject to presentation of a certificate supplied by the competent agency of the Member State of production.
  The certificate shall confirm that the butter concerned has been produced in an approved undertaking which is subject to checks verifying that the butter is produced from cream or milk within the meaning of Article 6(6) of Regulation (EC) No 1255/1999.
  Where the Member State of production has performed the checks on the nature and composition of the butter referred to in Article 72(b) of this Regulation, the certificate referred to in the first subparagraph of this paragraph shall also contain the results of those checks and confirm that the product concerned is butter within the meaning of the first subparagraph of Article 6(3) of Regulation (EC) No 1255/1999. In that case, the packaging shall be sealed by means of a numbered label issued by the competent agency of the Member State of production. The number must be entered on the certificate. |
| --- | --- |

6.

Article 82 is replaced by the following:

‘Article 82

1.   The Member States shall adopt all the necessary inspection measures to ensure that this Chapter is complied with. In particular checks on the commercial documents and stock records of the supplier shall be made in accordance with Council Regulation (EEC) No 4045/89 (3).

Furthermore, the eligibility of the butter shall be checked by analysing randomly taken physical samples to ensure compliance with Article 72(b)(i) of this Regulation and to verify the absence of non-milk fat.

Checks shall be the subject of an inspection report specifying the date of the check, its duration and the operations carried out.

2.   Where the butter is produced in a Member State other than the Member State where it is purchased by a beneficiary, payment of the aid shall be subject to presentation of a certificate supplied by the competent agency of the Member State of production.

The certificate shall confirm that the butter concerned has been produced in an approved undertaking which is subject to checks verifying that the butter is produced from cream or milk within the meaning of Article 6(6) of Regulation (EC) No 1255/1999.

Where the Member State of production has performed the checks on the nature and composition of the butter referred to in Article 72(b) of this Regulation, the certificate referred to in the first subparagraph of this paragraph shall also contain the results of those checks and confirm that the product concerned is butter within the meaning of the first subparagraph of Article 6(3) of Regulation (EC) No 1255/1999. In that case, the packaging shall be sealed by means of a numbered label issued by the competent agency of the Member State of production. The number must be entered on the certificate.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008.

Article 1(3) to (6) shall apply to all deliveries of butter made on the basis of the voucher, as referred to in Article 75(1) of Regulation (EC) No 1898/2005, valid for the month of January 2008 and following.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3). Regulation (EC) No 1255/1999 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

1

(2)  OJ L 308, 25.11.2005, p. 1. Regulation as last amended by Regulation (EC) No 96/2007 (OJ L 25, 1.2.2007, p. 6).

2

(3)  OJ L 388, 30.12.1989, p. 18.’

3

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/70 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/70

---

COMMISSION REGULATION (EC) No 1547/2007

of 20 December 2007

establishing a transitional period for withdrawing the Republic of Cape Verde from the list of beneficiary countries of the special arrangement for least developed countries, as set out in Council Regulation (EC) No 980/2005 applying a scheme of generalised tariff preferences

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (1), and in particular Article 12(7) thereof,

Whereas:

| (1) | The Republic of Cape Verde (hereinafter referred to as Cape Verde) is included in the special arrangement for least developed countries under the Community’s scheme of generalised tariff preferences. |
| --- | --- |

(1)

The Republic of Cape Verde (hereinafter referred to as Cape Verde) is included in the special arrangement for least developed countries under the Community’s scheme of generalised tariff preferences.

| (2) | Article 12(7) of Regulation (EC) No 980/2005 provides for the withdrawal of a country from the special arrangement for least developed countries, when that country is excluded by the United Nations from the list of least developed countries. That Article also provides for the establishment of a transitional period of at least three years, to alleviate any adverse effects which may be caused by the removal of the tariff preferences granted under the special arrangement for least developed countries. |
| --- | --- |

(2)

Article 12(7) of Regulation (EC) No 980/2005 provides for the withdrawal of a country from the special arrangement for least developed countries, when that country is excluded by the United Nations from the list of least developed countries. That Article also provides for the establishment of a transitional period of at least three years, to alleviate any adverse effects which may be caused by the removal of the tariff preferences granted under the special arrangement for least developed countries.

| (3) | Cape Verde has been excluded by the United Nations from the list of least developed countries, with effect from 1 January 2008 (2). |
| --- | --- |

(3)

Cape Verde has been excluded by the United Nations from the list of least developed countries, with effect from 1 January 2008 (2).

| (4) | Cape Verde should, therefore, be allowed to continue to benefit from the preferences granted under the special arrangement for least developed countries, until the end of 2010. |
| --- | --- |

(4)

Cape Verde should, therefore, be allowed to continue to benefit from the preferences granted under the special arrangement for least developed countries, until the end of 2010.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Generalised Preferences Committee, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Generalised Preferences Committee,

HAS ADOPTED THIS REGULATION:

Article 1

The Republic of Cape Verde shall be removed from the list of beneficiaries of the special arrangement for least developed countries in Annex I to Regulation (EC) No 980/2005, with effect from 1 January 2011.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Peter MANDELSON

Member of the Commission

---

(1)  OJ L 169, 30.6.2005, p. 1. Regulation as last amended by Commission Regulation (EC) No 606/2007 (OJ L 141, 2.6.2007, p. 4).

1

(2)  UN General Assembly Resolution A/Res/59/210 of 20 December 2004.

2

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/71 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/71

---

COMMISSION REGULATION (EC) No 1548/2007

of 20 December 2007

amending Regulation (EC) No 1973/2004 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003 as regards the support schemes provided for in Titles IV and IVa of that Regulation and the use of land set aside for the production of raw materials

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular Article 145 (da) and (dd) thereof,

Whereas:

| (1) | Regulation (EC) No 1782/2003 defines the rules for the coupled support for fruit and vegetables. Chapters 10g and 10h of Title IV of Regulation (EC) No 1782/2003 provide for transitional fruit and vegetable payments and the transitional soft fruit payment. It is therefore necessary to lay down detailed rules with regard to the granting of these aids. |
| --- | --- |

(1)

Regulation (EC) No 1782/2003 defines the rules for the coupled support for fruit and vegetables. Chapters 10g and 10h of Title IV of Regulation (EC) No 1782/2003 provide for transitional fruit and vegetable payments and the transitional soft fruit payment. It is therefore necessary to lay down detailed rules with regard to the granting of these aids.

| (2) | Article 143c of Regulation (EC) No 1782/2003 allows new Member States to complement Community direct payments. A number of direct payments have been fully or partially included in the single payment scheme in all Member States other than those new Member States that are still applying the single area payment scheme. Having regards to such developments in the implementation of the single payment scheme, the experience with the application of the complementary national direct payments shows, that new Member States had encountered some difficulties applying the rules provided for in Article 143c of that Regulation. Therefore, for reason of increased clarity, it is appropriate to provide further precision to the meaning of certain terms used in Article 143c(2) and (7) of that Regulation. |
| --- | --- |

(2)

Article 143c of Regulation (EC) No 1782/2003 allows new Member States to complement Community direct payments. A number of direct payments have been fully or partially included in the single payment scheme in all Member States other than those new Member States that are still applying the single area payment scheme. Having regards to such developments in the implementation of the single payment scheme, the experience with the application of the complementary national direct payments shows, that new Member States had encountered some difficulties applying the rules provided for in Article 143c of that Regulation. Therefore, for reason of increased clarity, it is appropriate to provide further precision to the meaning of certain terms used in Article 143c(2) and (7) of that Regulation.

| (3) | Section I point E of Annex VIII to the Act of Accession of Bulgaria and Romania lays down the possibility to grant support to farmers eligible for complementary national direct payments in Bulgaria and Romania as part of the temporary additional rural development measure. It is appropriate, that in case of Community contribution, Commission Regulation (EC) No 796/2004 (2), which has laid down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Regulation (EC) No 1782/2003, applies to such complementary national direct payments. Such provision should apply from the date of accession of Bulgaria and Romania to the European Union. |
| --- | --- |

(3)

Section I point E of Annex VIII to the Act of Accession of Bulgaria and Romania lays down the possibility to grant support to farmers eligible for complementary national direct payments in Bulgaria and Romania as part of the temporary additional rural development measure. It is appropriate, that in case of Community contribution, Commission Regulation (EC) No 796/2004 (2), which has laid down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Regulation (EC) No 1782/2003, applies to such complementary national direct payments. Such provision should apply from the date of accession of Bulgaria and Romania to the European Union.

| (4) | Paragraph 3 of Article 110u and paragraph 2 of Article 110v of Regulation (EC) No 1782/2003 provide that the aids provided for in those Articles are granted on the condition that processing contract is concluded. For that purpose, it is appropriate to require that a contract must be concluded with respect to the agricultural raw materials concerned, between, on the one hand, an approved first processor, and, on the other hand, a producer or a recognised producer organisation representing him or, in the case of the transitional fruit and vegetables payments and the transitional soft fruit payment, an approved collector representing the producer. |
| --- | --- |

(4)

Paragraph 3 of Article 110u and paragraph 2 of Article 110v of Regulation (EC) No 1782/2003 provide that the aids provided for in those Articles are granted on the condition that processing contract is concluded. For that purpose, it is appropriate to require that a contract must be concluded with respect to the agricultural raw materials concerned, between, on the one hand, an approved first processor, and, on the other hand, a producer or a recognised producer organisation representing him or, in the case of the transitional fruit and vegetables payments and the transitional soft fruit payment, an approved collector representing the producer.

| (5) | To ensure that the raw material benefiting from the transitional fruit and vegetable payments and the transitional soft fruit payment is finally processed, it appears appropriate to set up a system of approval of first processors and collectors. Such authorised operators would have to comply with minimum requirements and would be sanctioned in case of non-compliance with their obligations, according to detailed rules to be set up at national level by the competent authorities. |
| --- | --- |

(5)

To ensure that the raw material benefiting from the transitional fruit and vegetable payments and the transitional soft fruit payment is finally processed, it appears appropriate to set up a system of approval of first processors and collectors. Such authorised operators would have to comply with minimum requirements and would be sanctioned in case of non-compliance with their obligations, according to detailed rules to be set up at national level by the competent authorities.

| (6) | In order to be able to manage the financial envelope for transitional fruit and vegetable payments appropriately, Member States should fix early in the year an indicative aid amount per hectare and, before the time period for payments, a final aid amount per hectare. |
| --- | --- |

(6)

In order to be able to manage the financial envelope for transitional fruit and vegetable payments appropriately, Member States should fix early in the year an indicative aid amount per hectare and, before the time period for payments, a final aid amount per hectare.

| (7) | Commission Regulation (EC) No 1973/2004 (3) should therefore be amended accordingly. |
| --- | --- |

(7)

Commission Regulation (EC) No 1973/2004 (3) should therefore be amended accordingly.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1973/2004 is amended as follows:

| 1. | In Article 1(1), the following point (t) is added:






  ‘(t) | transitional fruit and vegetable payments and transitional soft fruit payment provided for in Chapters 10g and 10h of Title IV of that Regulation.’; |
| --- | --- | --- |

1.

In Article 1(1), the following point (t) is added:

‘(t)

transitional fruit and vegetable payments and transitional soft fruit payment provided for in Chapters 10g and 10h of Title IV of that Regulation.’;

| 2. | Article 2(1) is replaced by the following:
  ‘1.   The direct payments referred to in Article 1(a), (b), (c), (e), (h), (i), (j), (m), (p) and (t) shall be granted only for the areas, per each type of crop, which have been the subject of application in respect of at least 0,3 hectare, where each cultivated parcel exceeds the minimum size set by the Member State within the limit provided for in Article 14(4) of Regulation (EC) No 796/2004.
  In the case of Malta, the direct payments referred to in Article 1(a), (b), (c), (e), (h), (i), (j), (m) (p) and (t) shall be granted only for the areas, per each type of crop, which have been the subject of application in respect of at least 0,1 hectare, where each cultivated parcel exceeds the minimum size set by the Member State within the limit provided for in Article 14(4) of Regulation (EC) No 796/2004.
  In the case of Greece, the transitional fruit and vegetable payments referred to in Article 1(t) shall be granted only for the areas, per each type of crop, which have been the subject of application in respect of at least 0,1 hectare, where each cultivated parcel exceeds the minimum size set by the Member State within the limit provided for in Article 14(4) of Regulation (EC) No 796/2004.
  In the case of Bulgaria, Latvia, Hungary, and Poland, the soft fruit payment referred to in Article 1(t) shall be granted only for the areas, per each type of crop, which have been the subject of application in respect of at least 0,1 hectare, where each cultivated parcel exceeds the minimum size set by the Member State within the limit provided for in Article 14(4) of Regulation (EC) No 796/2004.’ |
| --- | --- |

2.

Article 2(1) is replaced by the following:

‘1.   The direct payments referred to in Article 1(a), (b), (c), (e), (h), (i), (j), (m), (p) and (t) shall be granted only for the areas, per each type of crop, which have been the subject of application in respect of at least 0,3 hectare, where each cultivated parcel exceeds the minimum size set by the Member State within the limit provided for in Article 14(4) of Regulation (EC) No 796/2004.

In the case of Malta, the direct payments referred to in Article 1(a), (b), (c), (e), (h), (i), (j), (m) (p) and (t) shall be granted only for the areas, per each type of crop, which have been the subject of application in respect of at least 0,1 hectare, where each cultivated parcel exceeds the minimum size set by the Member State within the limit provided for in Article 14(4) of Regulation (EC) No 796/2004.

In the case of Greece, the transitional fruit and vegetable payments referred to in Article 1(t) shall be granted only for the areas, per each type of crop, which have been the subject of application in respect of at least 0,1 hectare, where each cultivated parcel exceeds the minimum size set by the Member State within the limit provided for in Article 14(4) of Regulation (EC) No 796/2004.

In the case of Bulgaria, Latvia, Hungary, and Poland, the soft fruit payment referred to in Article 1(t) shall be granted only for the areas, per each type of crop, which have been the subject of application in respect of at least 0,1 hectare, where each cultivated parcel exceeds the minimum size set by the Member State within the limit provided for in Article 14(4) of Regulation (EC) No 796/2004.’

| 3. | In Article 2(2), the first subparagraph is replaced by the following:
  ‘The direct payment referred to in Article 1(a), (b), (c), (h) (j) and (t) shall be granted only for the areas entirely sown or planted and on which all normal cultivation conditions have been performed in accordance with local standards.’; |
| --- | --- |

3.

In Article 2(2), the first subparagraph is replaced by the following:

‘The direct payment referred to in Article 1(a), (b), (c), (h) (j) and (t) shall be granted only for the areas entirely sown or planted and on which all normal cultivation conditions have been performed in accordance with local standards.’;

| 4. | In Article 3(1)(e) the following point (v) is added:






  ‘(v) | the total aid amount paid in the case of transitional fruit and vegetable payments and transitional soft fruit payment provided for in Chapters 10g and 10h of Title IV of Regulation (EC) No 1782/2003.’; |
| --- | --- | --- |

4.

In Article 3(1)(e) the following point (v) is added:

‘(v)

the total aid amount paid in the case of transitional fruit and vegetable payments and transitional soft fruit payment provided for in Chapters 10g and 10h of Title IV of Regulation (EC) No 1782/2003.’;

| 5. | After Article 139, the following Article is inserted:
  ‘Article 139a
  Eligibility conditions
  1.   For the purposes of Article 143c of Regulation (EC) No 1782/2003, “corresponding direct payment then applicable to the Member States in the Community as constituted on 30 April 2004” referred to in the fourth subparagraph of paragraph 2 of that Article shall mean any direct payment listed in Annex I to that Regulation granted in the year of application of the complementary national direct payments whose eligibility conditions are similar to that of the complementary national direct payment concerned.
  2.   In application of the second indent of Article 143c(7) of Regulation (EC) No 1782/2003, the Commission shall in particular take into account the (sub)sector specific financial envelopes referred to in Article 143c(5) of that Regulation and the eligibility conditions applicable to the corresponding direct payment then applicable to the Member States in the Community as constituted on 30 April 2004.’; |
| --- | --- |

5.

After Article 139, the following Article is inserted:

‘Article 139a

Eligibility conditions

1.   For the purposes of Article 143c of Regulation (EC) No 1782/2003, “corresponding direct payment then applicable to the Member States in the Community as constituted on 30 April 2004” referred to in the fourth subparagraph of paragraph 2 of that Article shall mean any direct payment listed in Annex I to that Regulation granted in the year of application of the complementary national direct payments whose eligibility conditions are similar to that of the complementary national direct payment concerned.

2.   In application of the second indent of Article 143c(7) of Regulation (EC) No 1782/2003, the Commission shall in particular take into account the (sub)sector specific financial envelopes referred to in Article 143c(5) of that Regulation and the eligibility conditions applicable to the corresponding direct payment then applicable to the Member States in the Community as constituted on 30 April 2004.’;

| 6. | Article 140(1) is replaced by the following:
  ‘1.   Regulation (EC) No 796/2004 shall apply to the complementary national direct payment co-financed in accordance with Article 33h of Regulation (EC) No 1257/1999 or, in the case of Bulgaria and Romania, in accordance with Section I point E of Annex VIII to the Act of Accession of Bulgaria and Romania.’ |
| --- | --- |

6.

Article 140(1) is replaced by the following:

‘1.   Regulation (EC) No 796/2004 shall apply to the complementary national direct payment co-financed in accordance with Article 33h of Regulation (EC) No 1257/1999 or, in the case of Bulgaria and Romania, in accordance with Section I point E of Annex VIII to the Act of Accession of Bulgaria and Romania.’

| 7. | After Chapter 17c, the following Chapter 17d is inserted:
  ‘CHAPTER 17d
  TRANSITIONAL FRUIT AND VEGETABLES PAYMENTS AND TRANSITIONAL SOFT FRUIT PAYMENT
  Article 171d
  Definitions
  For the purposes of this Chapter:






  (a) | “applicant” shall mean any farmer cultivating the areas referred to in Articles 110t and 110v of Regulation (EC) No 1782/2003 with a view to obtaining the aids provided for in those Articles; |
| --- | --- | --- |

7.

After Chapter 17c, the following Chapter 17d is inserted:

‘CHAPTER 17d

TRANSITIONAL FRUIT AND VEGETABLES PAYMENTS AND TRANSITIONAL SOFT FRUIT PAYMENT

Article 171d

Definitions

For the purposes of this Chapter:

(a)

“applicant” shall mean any farmer cultivating the areas referred to in Articles 110t and 110v of Regulation (EC) No 1782/2003 with a view to obtaining the aids provided for in those Articles;

| (b) | “aid” shall mean the transitional fruit and vegetables payment provided for in Article 110t of Regulation (EC) No 1782/2003 or the transitional soft fruit payment provided for in Article 110v of that Regulation; |
| --- | --- |

(b)

“aid” shall mean the transitional fruit and vegetables payment provided for in Article 110t of Regulation (EC) No 1782/2003 or the transitional soft fruit payment provided for in Article 110v of that Regulation;

| (c) | “first processor” shall mean any user of an agricultural raw material referred to in Articles 110t and 110v of Regulation (EC) No 1782/2003 who undertakes the first processing thereof with a view to obtaining one or more of the products listed in Article 1(2) of Council Regulation (EC) No 2201/96 (4); |
| --- | --- |

(c)

“first processor” shall mean any user of an agricultural raw material referred to in Articles 110t and 110v of Regulation (EC) No 1782/2003 who undertakes the first processing thereof with a view to obtaining one or more of the products listed in Article 1(2) of Council Regulation (EC) No 2201/96 (4);

| (d) | “collector” shall mean any person concluding a contract with an applicant within the meaning of point (a) who purchases on his own account at least one of the products referred to respectively in the third subparagraph of Article 68b(2) or in Article 110v(1) of Regulation (EC) No 1782/2003; |
| --- | --- |

(d)

“collector” shall mean any person concluding a contract with an applicant within the meaning of point (a) who purchases on his own account at least one of the products referred to respectively in the third subparagraph of Article 68b(2) or in Article 110v(1) of Regulation (EC) No 1782/2003;

| (e) | “recognised producer organisation” shall mean any legal entity or a clearly defined part of a legal entity which complies with the requirements of Article 3(1) of Regulation (EC) No 1182/2007 (5) and that is recognised by the concerned Member State in accordance with Article 4 of that Regulation and recognised producer groups in accordance with Article 7 of that Regulation. |
| --- | --- |

(e)

“recognised producer organisation” shall mean any legal entity or a clearly defined part of a legal entity which complies with the requirements of Article 3(1) of Regulation (EC) No 1182/2007 (5) and that is recognised by the concerned Member State in accordance with Article 4 of that Regulation and recognised producer groups in accordance with Article 7 of that Regulation.

Article 171da

Contract

1.   Without prejudice of the application by Member States of the possibility provided for in Article 110u(4) of Regulation (EC) No 1782/2003, the contract for processing referred to in Articles 110u(3) and 110v(2) of that Regulation shall be concluded between, on the one hand, an approved first processor, within the meaning of Article 171db, and, on the other hand, an applicant or a recognised producer organisation representing him or an approved collector, within the meaning of Article 171db, representing the applicant.

Where the recognised producer organisation also acts as an approved first processor, the contract may take the form of a commitment to supply.

2.   The contract or the commitment to supply shall specify at least the following:

| (a) | the names and addresses of the parties to the contract or the commitment to supply; |
| --- | --- |

(a)

the names and addresses of the parties to the contract or the commitment to supply;

| (b) | the species concerned and the area planted with each species; |
| --- | --- |

(b)

the species concerned and the area planted with each species;

| (c) | where appropriate, an undertaking by the applicant to deliver to the first processor the total quantity harvested or minimum quantities defined by Member States. |
| --- | --- |

(c)

where appropriate, an undertaking by the applicant to deliver to the first processor the total quantity harvested or minimum quantities defined by Member States.

In the cases where the contract is concluded between an approved first processor and a recognised producer organisation or an approved collector representing the applicant, the contract shall specify also the names and addresses, referred to in point (a), of the applicants concerned, as well as the species and the area planted, referred to in point (b), for each applicant concerned.

Article 171db

Approval of the first processors and collectors

1.   For the purpose of this Chapter Member States shall set up a system of approval of the first processors and collectors located on their territory. They shall in particular lay down conditions for approval ensuring that at least:

| (a) | the approved first processors and collectors have the administrative capacities for managing the contracts referred to in Article 171da; |
| --- | --- |

(a)

the approved first processors and collectors have the administrative capacities for managing the contracts referred to in Article 171da;

| (b) | the approved first processors have the appropriate production capacities. |
| --- | --- |

(b)

the approved first processors have the appropriate production capacities.

2.   Member States shall set up a procedure of controls of the approval.

Approvals granted pursuant to Regulation (EC) No 2201/96 and Regulation (EC) No 2202/96 shall remain valid for the purposes of this Chapter.

3.   Where it is found that an approved first processor or collector fails to comply with the obligations laid down in this Chapter or with the national provisions adopted on its basis, or where an approved first processor or collector does not accept or facilitate the checks to be performed by the competent authorities in accordance with Regulation (EC) No 796/2004, Member States shall impose appropriate penalties. The rate of penalties shall be calculated in the light of the seriousness of the infringement.

4.   Member States shall make available to the public a list of approved first processors and collectors at least two months before the date fixed in accordance with Article 11(2) or Article 13(13a) of Regulation (EC) No 796/2004.

Article 171dc

Aid level for transitional fruit and vegetable payments

1.   In application of Article 110u(1) of Regulation (EC) No 1782/2003 and before 15 March of the year in respect of which the aid is claimed, Member States shall fix and make available to the public the indicative aid amount per hectare.

2.   In application of Articles 110u(1) and 110u(2) of Regulation (EC) No 1782/2003, Member States shall fix the final aid amount per hectare on the basis of the determined area.

Article 2

This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2008. However, Article 1(6) shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 1276/2007 (OJ L 284, 30.10.2007, p. 11).

1

(2)  OJ L 141, 30.4.2004, p. 18. Regulation as last amended by Regulation (EC) No 972/2007 (OJ L 216, 21.8.2007, p. 3).

2

(3)  OJ L 345, 20.11.2004, p. 1. Regulation as last amended by Regulation (EC) No 993/2007 (OJ L 222, 28.8.2007, p. 10).

3

(4)  OJ L 297, 21.11.1996, p. 29.

4

(5)  OJ L 273, 17.10.2007, p. 1.’

5

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/75 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/75

---

COMMISSION REGULATION (EC) No 1549/2007

of 20 December 2007

amending Regulation (EC) No 616/2007 opening and providing for the administration of certain Community tariff quotas in the sector of poultrymeat originating in Brazil, Thailand and other third countries

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2777/75 of 29 October 1975 on the common organisation of the market in poultrymeat (1), and in particular Article 6(1) thereof,

Having regard to Council Decision 2007/360/EC of 29 May 2007 on the conclusion of Agreements in the form of Agreed Minutes between the European Community and the Federal Republic of Brazil, and between the European Community and the Kingdom of Thailand pursuant to Article XXVIII of the General Agreement on Tariffs and Trade 1994 (GATT 1994) relating to the modification of concessions with respect to poultry meat (2), and in particular Article 2 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 616/2007 (3) allows for processors to apply for import licences under certain conditions. |
| --- | --- |

(1)

Commission Regulation (EC) No 616/2007 (3) allows for processors to apply for import licences under certain conditions.

| (2) | Salted poultrymeat falling within CN code 0210 99 39 is not covered by Regulation (EEC) No 2777/75. Consequently, operators traditionally importing that product should be allowed to benefit from the special quota for salted poultrymeat. |
| --- | --- |

(2)

Salted poultrymeat falling within CN code 0210 99 39 is not covered by Regulation (EEC) No 2777/75. Consequently, operators traditionally importing that product should be allowed to benefit from the special quota for salted poultrymeat.

| (3) | One of the conditions referred to in Regulation (EC) No 616/2007 is that the processing must have been carried out using poultrymeat of CN codes 0207 or 0210 and result in poultrymeat preparations of CN code 1602 covered by Regulation (EEC) No 2777/75. |
| --- | --- |

(3)

One of the conditions referred to in Regulation (EC) No 616/2007 is that the processing must have been carried out using poultrymeat of CN codes 0207 or 0210 and result in poultrymeat preparations of CN code 1602 covered by Regulation (EEC) No 2777/75.

| (4) | As Regulation (EEC) No 2777/75 does not cover homogenised preparations of CN code 1602 10, and some operators specialised in this type of processing have expressed an interest in participating in the quotas opened by Regulation (EC) No 616/2007, such processed products should be included, but not homogenised products containing meats other than poultrymeat. |
| --- | --- |

(4)

As Regulation (EEC) No 2777/75 does not cover homogenised preparations of CN code 1602 10, and some operators specialised in this type of processing have expressed an interest in participating in the quotas opened by Regulation (EC) No 616/2007, such processed products should be included, but not homogenised products containing meats other than poultrymeat.

| (5) | Experience has shown that the quantities available for groups 6 and 8 are not utilised. One of the reasons for this under-utilisation is the fact that the minimum quantity for which an operator can apply, set at 100 tonnes in the Regulation, is too large, as the markets in question are often ‘niche’ markets. |
| --- | --- |

(5)

Experience has shown that the quantities available for groups 6 and 8 are not utilised. One of the reasons for this under-utilisation is the fact that the minimum quantity for which an operator can apply, set at 100 tonnes in the Regulation, is too large, as the markets in question are often ‘niche’ markets.

| (6) | The minimum quantity for which each operator can apply should therefore be reduced for these specific groups. |
| --- | --- |

(6)

The minimum quantity for which each operator can apply should therefore be reduced for these specific groups.

| (7) | Import licences are issued to operators by the Member States more than two months before the start of the sub-period or period in question, and therefore more than two months before the start of their period of validity. There is a particularly long gap between the issue of the licences and the period when operators are able to use them to import. |
| --- | --- |

(7)

Import licences are issued to operators by the Member States more than two months before the start of the sub-period or period in question, and therefore more than two months before the start of their period of validity. There is a particularly long gap between the issue of the licences and the period when operators are able to use them to import.

| (8) | To avoid a situation where some licences are used to import before the start of their period of validity, the start date of the validity period should be printed on the import licences. |
| --- | --- |

(8)

To avoid a situation where some licences are used to import before the start of their period of validity, the start date of the validity period should be printed on the import licences.

| (9) | Regulation (EC) No 616/2007 should be amended accordingly. |
| --- | --- |

(9)

Regulation (EC) No 616/2007 should be amended accordingly.

| (10) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs, |
| --- | --- |

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Poultrymeat and Eggs,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 616/2007 is hereby amended as follows:

| 1. | Article 4(1) is replaced by the following:
  ‘For the purposes of applying Article 5 of Regulation (EC) No 1301/2006, import licence applicants shall, when presenting their first application as regards a given quota period, furnish proof that they imported or exported, during each of the two periods referred to in that Article, at least 50 tonnes of products covered by Regulation (EEC) No 2777/75 or of salted poultrymeat falling within CN code 0210 99 39.’ |
| --- | --- |

1.

Article 4(1) is replaced by the following:

‘For the purposes of applying Article 5 of Regulation (EC) No 1301/2006, import licence applicants shall, when presenting their first application as regards a given quota period, furnish proof that they imported or exported, during each of the two periods referred to in that Article, at least 50 tonnes of products covered by Regulation (EEC) No 2777/75 or of salted poultrymeat falling within CN code 0210 99 39.’

| 2. | In Article 4(2) the first subparagraph is replaced by the following:
  ‘By way of derogation from Article 5 of Regulation (EC) No 1301/2006 and paragraph 1 of this Article, import licence applicants may, when presenting their first application as regards a given quota period, also furnish proof that they processed, during each of the two periods referred to in Article 5 of Regulation (EC) No 1301/2006, at least 1 000 tonnes of poultrymeat of CN codes 0207 or 0210 to produce preparations of poultrymeat of CN code 1602 covered by Regulation (EEC) No 2777/75 or homogenised preparations of CN code 1602 10 00 containing no meat other than poultrymeat.’ |
| --- | --- |

2.

In Article 4(2) the first subparagraph is replaced by the following:

‘By way of derogation from Article 5 of Regulation (EC) No 1301/2006 and paragraph 1 of this Article, import licence applicants may, when presenting their first application as regards a given quota period, also furnish proof that they processed, during each of the two periods referred to in Article 5 of Regulation (EC) No 1301/2006, at least 1 000 tonnes of poultrymeat of CN codes 0207 or 0210 to produce preparations of poultrymeat of CN code 1602 covered by Regulation (EEC) No 2777/75 or homogenised preparations of CN code 1602 10 00 containing no meat other than poultrymeat.’

| 3. | In Article 4(5), the second subparagraph is replaced by the following:
  ‘For Groups Nos 3, 6 and 8 the minimum quantity for licence applications shall be reduced to 10 tonnes.’ |
| --- | --- |

3.

In Article 4(5), the second subparagraph is replaced by the following:

‘For Groups Nos 3, 6 and 8 the minimum quantity for licence applications shall be reduced to 10 tonnes.’

| 4. | Part B of Annex II is replaced by the Annex to this Regulation. |
| --- | --- |

4.

Part B of Annex II is replaced by the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 282, 1.11.1975, p. 77. Regulation as last amended by Regulation (EC) No 679/2006 (OJ L 119, 4.5.2006, p. 1).

1

(2)  OJ L 138, 30.5.2007, p. 10.

2

(3)  OJ L 142, 5.6.2007, p. 3.

3

---

ANNEX

| ‘B. | Entries referred to in the second subparagraph of Article 4(7):







  in Bulgarian | : | Намаляване на ОМТ, както предвижда Регламент (ЕО) No 616/2007

  В действие от ... |
| --- | --- | --- | --- |
| in Spanish | : | reducción del AAC tal como prevé el Reglamento (CE) no 616/2007

  Válida desde el ... |
| in Czech | : | Snížení celní sazby podle nařízení (ES) č. 616/2007

  Platné ode dne ... |
| in Danish | : | Nedsættelse af FFT-toldsatser, jf. forordning (EF) nr. 616/2007

  Gyldig fra den ... |
| in German | : | Ermäßigung des Zollsatzes des GZT gemäß der Verordnung (EG) Nr. 616/2007

  Gültig ab dem ... |
| in Estonian | : | ühise tollitariifistiku maksumäära vähendamine vastavalt määrusele (EÜ) nr 616/2007

  Kehtib alates ... |
| in Greek | : | μείωση του δασμού του ΚΔ όπως προβλέπεται στον κανονισμό (ΕΚ) αριθ. 616/2007

  Ισχύει από ... |
| in English | : | reduction of CCT duty pursuant to Regulation (EC) No 616/2007

  valid from ... |
| in French | : | réduction du TDC comme prévu au règlement (CE) no 616/2007

  Valable à partir du ... |
| in Italian | : | riduzione del dazio TDC come prevede il regolamento (CE) n. 616/2007

  Valido a decorrere dal ... |
| in Latvian | : | Kopējā muitas tarifa (KMT) samazinājums, kā paredzēts Regulā (EK) Nr. 616/2007

  Piemērojams no ... |
| in Lithuanian | : | BMT muito sumažinimai, nustatyti Reglamente (EB) Nr. 616/2007

  Galioja nuo ... |
| in Hungarian | : | A 616/2007/EK rendeletben előírt KTV csökkentés

  Érvényesség kezdete ... |
| in Maltese | : | Tnaqqis tat-Tariffa Doganali Komuni kif jipprovdi r-Regolament (CE) Nru 616/2007

  Valida mid-data ... |
| in Dutch | : | Verlaging van het GDT overeenkomstig Verordening (EG) nr. 616/2007

  Geldig vanaf ... |
| in Polish | : | Cła WTC obniżone jak przewidziano w rozporządzeniu (WE) nr 616/2007

  Ważne od dnia [...] r. |
| in Portuguese | : | Redução do direito da pauta aduaneira comum prevista no Regulamento (CE) n.o 616/2007

  Válida a partir de ... |
| in Romanian | : | reducerea TVC în conformitate cu Regulamentul (CE) nr. 616/2007

  Valabil de la ... |
| in Slovak | : | Zníženie cla SCS podľa nariadenia (ES) č. 616/2007

  Platné od ... |
| in Slovenian | : | Skupna carinska tarifa, znižana v skladu z Uredbo (ES) št. 616/2007

  Velja od ... |
| in Finnish | : | Asetuksessa (EY) N:o 616/2007 säädetty yhteisen tullitariffin alennus

  Voimassa alkaen ... |
| in Swedish | : | Minskning av gemensamma tulltaxan i enlighet med förordning (EG) nr 616/2007

  Giltig fr.o.m. ...’ |

‘B.

Entries referred to in the second subparagraph of Article 4(7):

in Bulgarian

:

Намаляване на ОМТ, както предвижда Регламент (ЕО) No 616/2007

В действие от ...

in Spanish

:

reducción del AAC tal como prevé el Reglamento (CE) no 616/2007

Válida desde el ...

in Czech

:

Snížení celní sazby podle nařízení (ES) č. 616/2007

Platné ode dne ...

in Danish

:

Nedsættelse af FFT-toldsatser, jf. forordning (EF) nr. 616/2007

Gyldig fra den ...

in German

:

Ermäßigung des Zollsatzes des GZT gemäß der Verordnung (EG) Nr. 616/2007

Gültig ab dem ...

in Estonian

:

ühise tollitariifistiku maksumäära vähendamine vastavalt määrusele (EÜ) nr 616/2007

Kehtib alates ...

in Greek

:

μείωση του δασμού του ΚΔ όπως προβλέπεται στον κανονισμό (ΕΚ) αριθ. 616/2007

Ισχύει από ...

in English

:

reduction of CCT duty pursuant to Regulation (EC) No 616/2007

valid from ...

in French

:

réduction du TDC comme prévu au règlement (CE) no 616/2007

Valable à partir du ...

in Italian

:

riduzione del dazio TDC come prevede il regolamento (CE) n. 616/2007

Valido a decorrere dal ...

in Latvian

:

Kopējā muitas tarifa (KMT) samazinājums, kā paredzēts Regulā (EK) Nr. 616/2007

Piemērojams no ...

in Lithuanian

:

BMT muito sumažinimai, nustatyti Reglamente (EB) Nr. 616/2007

Galioja nuo ...

in Hungarian

:

A 616/2007/EK rendeletben előírt KTV csökkentés

Érvényesség kezdete ...

in Maltese

:

Tnaqqis tat-Tariffa Doganali Komuni kif jipprovdi r-Regolament (CE) Nru 616/2007

Valida mid-data ...

in Dutch

:

Verlaging van het GDT overeenkomstig Verordening (EG) nr. 616/2007

Geldig vanaf ...

in Polish

:

Cła WTC obniżone jak przewidziano w rozporządzeniu (WE) nr 616/2007

Ważne od dnia [...] r.

in Portuguese

:

Redução do direito da pauta aduaneira comum prevista no Regulamento (CE) n.o 616/2007

Válida a partir de ...

in Romanian

:

reducerea TVC în conformitate cu Regulamentul (CE) nr. 616/2007

Valabil de la ...

in Slovak

:

Zníženie cla SCS podľa nariadenia (ES) č. 616/2007

Platné od ...

in Slovenian

:

Skupna carinska tarifa, znižana v skladu z Uredbo (ES) št. 616/2007

Velja od ...

in Finnish

:

Asetuksessa (EY) N:o 616/2007 säädetty yhteisen tullitariffin alennus

Voimassa alkaen ...

in Swedish

:

Minskning av gemensamma tulltaxan i enlighet med förordning (EG) nr 616/2007

Giltig fr.o.m. ...’

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/79 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/79

---

COMMISSION REGULATION (EC) No 1550/2007

of 20 December 2007

amending Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1782/2003 of 29 September 2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations (EEC) No 2019/93, (EC) No 1452/2001, (EC) No 1453/2001, (EC) No 1454/2001, (EC) No 1868/94, (EC) No 1251/1999, (EC) No 1254/1999, (EC) No 1673/2000, (EEC) No 2358/71 and (EC) No 2529/2001 (1), and in particular of Article 145 (c), (da), (l), (m) (n) and (p) thereof,

Whereas:

| (1) | In the report to the Council (2) on the implementation of cross-compliance, the Commission has identified a number of possible improvements in terms of efficiency and simplification of the rules governing this implementation. To put those improvements into force, Commission Regulation (EC) No 796/2004 (3) needs to be amended in several respects. |
| --- | --- |

(1)

In the report to the Council (2) on the implementation of cross-compliance, the Commission has identified a number of possible improvements in terms of efficiency and simplification of the rules governing this implementation. To put those improvements into force, Commission Regulation (EC) No 796/2004 (3) needs to be amended in several respects.

| (2) | Article 143bb of Regulation (EC) No 1782/2003 provides for a separate fruit and vegetables payment in Member States applying the single area payment scheme provided for in Article 143b of that Regulation. This payment is, due to its nature, not related to agricultural area, which is why the provisions concerning the single application pursuant to Regulation (EC) No 796/2004 do not apply to that payment scheme. Hence, the definition of area-related aid schemes should be amended accordingly and provision should be made for an appropriate application procedure. |
| --- | --- |

(2)

Article 143bb of Regulation (EC) No 1782/2003 provides for a separate fruit and vegetables payment in Member States applying the single area payment scheme provided for in Article 143b of that Regulation. This payment is, due to its nature, not related to agricultural area, which is why the provisions concerning the single application pursuant to Regulation (EC) No 796/2004 do not apply to that payment scheme. Hence, the definition of area-related aid schemes should be amended accordingly and provision should be made for an appropriate application procedure.

| (3) | The provisions concerning the sugar payment provided for in Chapter 10e of Regulation (EC) No 1782/2003 have become obsolete and should be deleted. |
| --- | --- |

(3)

The provisions concerning the sugar payment provided for in Chapter 10e of Regulation (EC) No 1782/2003 have become obsolete and should be deleted.

| (4) | The date for the establishment of the ratio of permanent pasture to be maintained at Member State level needs to be established for Bulgaria and Romania. The latest date for which information about this ratio shall be communicated to the Commission should also be provided. |
| --- | --- |

(4)

The date for the establishment of the ratio of permanent pasture to be maintained at Member State level needs to be established for Bulgaria and Romania. The latest date for which information about this ratio shall be communicated to the Commission should also be provided.

| (5) | Following the introduction of the transitional fruit and vegetables payment provided for in Chapter 10g of Regulation (EC) No 1782/2003 and the transitional soft fruit payment provided for in Chapter 10h of that Regulation, Regulation (EC) No 796/2004 needs to be amended in respect of the application procedure. |
| --- | --- |

(5)

Following the introduction of the transitional fruit and vegetables payment provided for in Chapter 10g of Regulation (EC) No 1782/2003 and the transitional soft fruit payment provided for in Chapter 10h of that Regulation, Regulation (EC) No 796/2004 needs to be amended in respect of the application procedure.

| (6) | Following the introduction of the single payment scheme and the decoupling of area related payment it is no more necessary for on-the-spot checks for those payments to be unannounced in all cases. It should also be clarified when on-the-spot checks concerning cross-compliance need to be unannounced, in particular with a view to avoid a concealment of a non-compliance or irregularity. |
| --- | --- |

(6)

Following the introduction of the single payment scheme and the decoupling of area related payment it is no more necessary for on-the-spot checks for those payments to be unannounced in all cases. It should also be clarified when on-the-spot checks concerning cross-compliance need to be unannounced, in particular with a view to avoid a concealment of a non-compliance or irregularity.

| (7) | Experience has shown that more flexibility when reaching the minimum control rate for checks of cross-compliance is needed. The Member State should have the option to fulfil the minimum rate not only at the level of the competent control authority but also at the level of the paying agency or at the level of an act or standard, or group of acts or standards. Furthermore, when a sample has to be extended beyond the minimum control rate following a high number of non-compliances found, that extension should be targeting the acts or standards concerned and not the whole area subject to cross-compliance. Therefore the relevant provisions in Regulation (EC) No 796/2004 should be amended accordingly. |
| --- | --- |

(7)

Experience has shown that more flexibility when reaching the minimum control rate for checks of cross-compliance is needed. The Member State should have the option to fulfil the minimum rate not only at the level of the competent control authority but also at the level of the paying agency or at the level of an act or standard, or group of acts or standards. Furthermore, when a sample has to be extended beyond the minimum control rate following a high number of non-compliances found, that extension should be targeting the acts or standards concerned and not the whole area subject to cross-compliance. Therefore the relevant provisions in Regulation (EC) No 796/2004 should be amended accordingly.

| (8) | Furthermore, experience has shown that the selection of control sample for on-the-spot checks can be improved by allowing such sample not only to be selected at the level of the competent control authority but also at the level of the paying agency, or per act and standard. |
| --- | --- |

(8)

Furthermore, experience has shown that the selection of control sample for on-the-spot checks can be improved by allowing such sample not only to be selected at the level of the competent control authority but also at the level of the paying agency, or per act and standard.

| (9) | The existence of differing control rates provided for in specific legislation concerning the control of cross-compliance makes it more difficult for the Member States to organise the controls. Therefore a single control rate for on-the-spot checks regarding cross-compliance should be introduced. Nevertheless, any instance of non-compliance detected in the course of on-the-spot checks under the sectoral legislation should be reported and followed-up under cross-compliance. |
| --- | --- |

(9)

The existence of differing control rates provided for in specific legislation concerning the control of cross-compliance makes it more difficult for the Member States to organise the controls. Therefore a single control rate for on-the-spot checks regarding cross-compliance should be introduced. Nevertheless, any instance of non-compliance detected in the course of on-the-spot checks under the sectoral legislation should be reported and followed-up under cross-compliance.

| (10) | The sampling of on-the-spot checks for cross-compliance can be improved by allowing to take into account into the risk analysis the farmers participation in the farm advisory system provided for in Articles 13 and 14 of Regulation (EC) No 1782/2003 as well as farmers participation in relevant certifications systems. It should however be demonstrated when taking that participation into account that the farmers participating in those schemes represent a lesser risk than farmers not participating in those schemes. |
| --- | --- |

(10)

The sampling of on-the-spot checks for cross-compliance can be improved by allowing to take into account into the risk analysis the farmers participation in the farm advisory system provided for in Articles 13 and 14 of Regulation (EC) No 1782/2003 as well as farmers participation in relevant certifications systems. It should however be demonstrated when taking that participation into account that the farmers participating in those schemes represent a lesser risk than farmers not participating in those schemes.

| (11) | To assure an element of representativeness in the sample to be selected for on-the-spot checks for cross-compliance, a certain part of the sample should be selected randomly. In the case when the number of on-the-spot checks for cross-compliance is increased, it should also be possible to increase the percentage of farmers randomly selected for those checks. |
| --- | --- |

(11)

To assure an element of representativeness in the sample to be selected for on-the-spot checks for cross-compliance, a certain part of the sample should be selected randomly. In the case when the number of on-the-spot checks for cross-compliance is increased, it should also be possible to increase the percentage of farmers randomly selected for those checks.

| (12) | In order to make it possible to start the on-the-spot checks for cross-compliance as early as possible in the year, also before all information on the application forms is available, it should be possible to make a partial selection of the control sample based on the already available information. |
| --- | --- |

(12)

In order to make it possible to start the on-the-spot checks for cross-compliance as early as possible in the year, also before all information on the application forms is available, it should be possible to make a partial selection of the control sample based on the already available information.

| (13) | On-the-spot checks for cross-compliance would in general require several visits on the same farm. In order to reduce the burden of the checks for both farmers and administrations, the checks may be limited to one control visit. The timing of that visit should be clarified. Nevertheless, the Member States should ensure that a representative and effective check of the requirements and standards remaining to be checked shall be carried out within the same calendar year. |
| --- | --- |

(13)

On-the-spot checks for cross-compliance would in general require several visits on the same farm. In order to reduce the burden of the checks for both farmers and administrations, the checks may be limited to one control visit. The timing of that visit should be clarified. Nevertheless, the Member States should ensure that a representative and effective check of the requirements and standards remaining to be checked shall be carried out within the same calendar year.

| (14) | Concerning on-the-spot checks of eligibility criteria, the possibility to limit actual inspections to a sample of the area to be checked has proven efficient. Therefore it is appropriate to extend this possibility, where applicable, to the on-the-spot checks for cross-compliance. However, when the sample check reveals non-compliances, the sample actually inspected should be extended. This principle should also apply where the legislation applicable to the act and standard provides for such a check. |
| --- | --- |

(14)

Concerning on-the-spot checks of eligibility criteria, the possibility to limit actual inspections to a sample of the area to be checked has proven efficient. Therefore it is appropriate to extend this possibility, where applicable, to the on-the-spot checks for cross-compliance. However, when the sample check reveals non-compliances, the sample actually inspected should be extended. This principle should also apply where the legislation applicable to the act and standard provides for such a check.

| (15) | To simplify the on-the-spot checks and to make better use of existing control capacities, it should be provided, when the effectiveness of the controls is at least equal to the one achieved when the checks are carried out by on-the-spot checks, to replace controls at farm level by administrative checks or checks at the level of undertakings. |
| --- | --- |

(15)

To simplify the on-the-spot checks and to make better use of existing control capacities, it should be provided, when the effectiveness of the controls is at least equal to the one achieved when the checks are carried out by on-the-spot checks, to replace controls at farm level by administrative checks or checks at the level of undertakings.

| (16) | It should furthermore be possible for the Member States to make use of objective indicators specific to certain requirements or standards when performing the on-the-spot checks. Those indicators should however be directly linked to the requirements or standards they represent and cover all elements to be checked. |
| --- | --- |

(16)

It should furthermore be possible for the Member States to make use of objective indicators specific to certain requirements or standards when performing the on-the-spot checks. Those indicators should however be directly linked to the requirements or standards they represent and cover all elements to be checked.

| (17) | Article 66 of Regulation (EC) No 796/2004 provides that a possible reduction following a determined non-compliance shall be applied the same calendar year as the application is submitted. Logically, the on-the-spot check has to be carried out the same year where the application is lodged. This should be clarified in Regulation (EC) No 796/2004. |
| --- | --- |

(17)

Article 66 of Regulation (EC) No 796/2004 provides that a possible reduction following a determined non-compliance shall be applied the same calendar year as the application is submitted. Logically, the on-the-spot check has to be carried out the same year where the application is lodged. This should be clarified in Regulation (EC) No 796/2004.

| (18) | The farmers should be informed about any possible non-compliance determined following an on-the-spot check. It is appropriate to provide for a certain time limit within which the farmers should receive this information. However, exceeding such time limit should not entitle the farmers concerned to avoid the consequences that the determined non-compliance would otherwise trigger. |
| --- | --- |

(18)

The farmers should be informed about any possible non-compliance determined following an on-the-spot check. It is appropriate to provide for a certain time limit within which the farmers should receive this information. However, exceeding such time limit should not entitle the farmers concerned to avoid the consequences that the determined non-compliance would otherwise trigger.

| (19) | The current provisions concerning reductions to be applied in case of repeated non-compliances do not take into account any improvement or worsening of the repeated non-compliance. In order to encourage improvement and discourage worsening of the situation, the percentage to be fixed and multiplied by the factor three, for the first repetition should take such changes into account. |
| --- | --- |

(19)

The current provisions concerning reductions to be applied in case of repeated non-compliances do not take into account any improvement or worsening of the repeated non-compliance. In order to encourage improvement and discourage worsening of the situation, the percentage to be fixed and multiplied by the factor three, for the first repetition should take such changes into account.

| (20) | The introduction of new aid schemes for direct payments requires an updating of the references to the budgetary ceilings referred to in Article 71a of Regulation (EC) No 796/2004. |
| --- | --- |

(20)

The introduction of new aid schemes for direct payments requires an updating of the references to the budgetary ceilings referred to in Article 71a of Regulation (EC) No 796/2004.

| (21) | In certain cases, unduly allocated entitlements correspond to very small amounts and a substantial administrative burden is required to recover those entitlements. In light of simplification and the balance between the administrative burden and the amount to be recovered, the introduction of a minimum amount that may trigger a recovery is justified. |
| --- | --- |

(21)

In certain cases, unduly allocated entitlements correspond to very small amounts and a substantial administrative burden is required to recover those entitlements. In light of simplification and the balance between the administrative burden and the amount to be recovered, the introduction of a minimum amount that may trigger a recovery is justified.

| (22) | The amendments provided for in this Regulation concern aid applications relating to years or premium periods starting as of 1 January 2008. This Regulation should therefore apply as of 1 January 2008. |
| --- | --- |

(22)

The amendments provided for in this Regulation concern aid applications relating to years or premium periods starting as of 1 January 2008. This Regulation should therefore apply as of 1 January 2008.

| (23) | Regulation (EC) No 796/2004 should therefore be amended accordingly. |
| --- | --- |

(23)

Regulation (EC) No 796/2004 should therefore be amended accordingly.

| (24) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments, |
| --- | --- |

(24)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Direct Payments,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 796/2004 is amended as follows:

| 1. | Article 2 is amended as follows:






  (a) | point 12 is replaced by the following:






  ‘12. | “Area-related aid schemes”: shall mean the single payment scheme, the hops payment to recognised producer groups referred to in the second paragraph of Article 68a of Regulation (EC) No 1782/2003 and all aid schemes established under Titles IV and IVa of that Regulation, except those established under Chapters 7, 10f, 11 and 12 of that Title IV, except the separate sugar payment established in Article 143b(a) of that Regulation and except the separate fruit and vegetable payment established in Article 143bb of that Regulation;’ |
| --- | --- | --- | --- |

1.

Article 2 is amended as follows:

(a)

point 12 is replaced by the following:

‘12.

“Area-related aid schemes”: shall mean the single payment scheme, the hops payment to recognised producer groups referred to in the second paragraph of Article 68a of Regulation (EC) No 1782/2003 and all aid schemes established under Titles IV and IVa of that Regulation, except those established under Chapters 7, 10f, 11 and 12 of that Title IV, except the separate sugar payment established in Article 143b(a) of that Regulation and except the separate fruit and vegetable payment established in Article 143bb of that Regulation;’

| (b) | point 32 is replaced by the following:






  ‘32. | “Act”: shall mean each of the individual Directives and Regulations listed in Annex III to Regulation (EC) No 1782/2003; however, the Directive and the Regulations listed in points 7 and 8 of Annex III to that Regulation shall establish one single act;’ |
| --- | --- | --- |

(b)

point 32 is replaced by the following:

‘32.

“Act”: shall mean each of the individual Directives and Regulations listed in Annex III to Regulation (EC) No 1782/2003; however, the Directive and the Regulations listed in points 7 and 8 of Annex III to that Regulation shall establish one single act;’

| 2. | in Article 3, the following paragraph is added:
  ‘7.   For Bulgaria and Romania, the reference ratio shall be established as follows:






  (a) | the land under permanent pasture shall be the land under permanent pasture declared by the farmers in 2007 in accordance with Article 14(1) of this Regulation; |
| --- | --- | --- |

2.

in Article 3, the following paragraph is added:

‘7.   For Bulgaria and Romania, the reference ratio shall be established as follows:

(a)

the land under permanent pasture shall be the land under permanent pasture declared by the farmers in 2007 in accordance with Article 14(1) of this Regulation;

| (b) | the total agricultural area shall be the total agricultural area declared by the farmers in 2007.’; |
| --- | --- |

(b)

the total agricultural area shall be the total agricultural area declared by the farmers in 2007.’;

| 3. | in Article 13, the following paragraph is inserted before paragraph 14:
  ‘13a.   In case of application for transitional fruit and vegetables payments provided for in Chapter 10g of Title IV of Regulation (EC) No 1782/2003 or application for transitional soft fruit payments provided for in Chapter 10h of that Title, the single application shall contain a copy of the contract for processing or the commitment to supply pursuant to Article 171db of Regulation (EC) No 1973/2004.
  Member States may provide that the information in the first subparagraph may be submitted separately by a later date which shall not be later than 1 December the year of the application.’; |
| --- | --- |

3.

in Article 13, the following paragraph is inserted before paragraph 14:

‘13a.   In case of application for transitional fruit and vegetables payments provided for in Chapter 10g of Title IV of Regulation (EC) No 1782/2003 or application for transitional soft fruit payments provided for in Chapter 10h of that Title, the single application shall contain a copy of the contract for processing or the commitment to supply pursuant to Article 171db of Regulation (EC) No 1973/2004.

Member States may provide that the information in the first subparagraph may be submitted separately by a later date which shall not be later than 1 December the year of the application.’;

| 4. | in Title II of Part II, the heading of Chapter IIIa is replaced by the following:
   
  ‘AID FOR SUGAR BEET AND CANE PRODUCERS, SEPARATE SUGAR PAYMENT AND SEPARATE FRUIT AND VEGETABLES PAYMENT’; |
| --- | --- |

4.

in Title II of Part II, the heading of Chapter IIIa is replaced by the following:

‘AID FOR SUGAR BEET AND CANE PRODUCERS, SEPARATE SUGAR PAYMENT AND SEPARATE FRUIT AND VEGETABLES PAYMENT’;

| 5. | Article 17a is amended as follows:






  (a) | the heading is replaced by the following:
  ‘Requirements pertaining to aid applications for the aid for sugar beet and cane producers, the separate sugar payment and the separate fruit and vegetables payment’; |
| --- | --- | --- |

5.

Article 17a is amended as follows:

(a)

the heading is replaced by the following:

‘Requirements pertaining to aid applications for the aid for sugar beet and cane producers, the separate sugar payment and the separate fruit and vegetables payment’;

| (b) | in paragraph 1, the introductory words are replaced by the following:
  ‘Farmers applying for the aid for sugar beet and cane producers provided for in Chapter 10f of Title IV of Regulation (EC) No 1782/2003, farmers applying for the separate sugar payment provided for in Article 143ba of that Regulation and farmers applying for the separate fruit and vegetables payment provided for in Article 143bb of that Regulation shall submit an aid application containing all information necessary to establish eligibility for the aid, and in particular:’ |
| --- | --- |

(b)

in paragraph 1, the introductory words are replaced by the following:

‘Farmers applying for the aid for sugar beet and cane producers provided for in Chapter 10f of Title IV of Regulation (EC) No 1782/2003, farmers applying for the separate sugar payment provided for in Article 143ba of that Regulation and farmers applying for the separate fruit and vegetables payment provided for in Article 143bb of that Regulation shall submit an aid application containing all information necessary to establish eligibility for the aid, and in particular:’

| (c) | paragraph 2 is replaced by the following:
  ‘2.   The aid application for the aid for sugar beet and cane producers, the separate sugar payment or the separate fruit and vegetables payment respectively shall be submitted by a date to be determined by the Member States which shall not be later than 15 May and, in the case of Estonia, Latvia and Lithuania, not later than 15 June.’; |
| --- | --- |

(c)

paragraph 2 is replaced by the following:

‘2.   The aid application for the aid for sugar beet and cane producers, the separate sugar payment or the separate fruit and vegetables payment respectively shall be submitted by a date to be determined by the Member States which shall not be later than 15 May and, in the case of Estonia, Latvia and Lithuania, not later than 15 June.’;

| 6. | in Chapter I of Title III of Part II, the following Article 23a is added:
  ‘Article 23a
  1.   Provided that the purpose of the control is not jeopardised, on-the-spot checks may be announced. The announcement shall be strictly limited to the minimum time period necessary and shall not exceed 14 days.
  However, for on-the-spot checks concerning livestock aid applications, the notice mentioned in the first subparagraph shall, except in duly justified cases, not exceed 48 hours. Furthermore, where the legislation applicable to the acts and standards relevant to cross-compliance requires the on-the-spot check to be unannounced, those rules shall also apply in the case of on-the-spot checks related to cross-compliance.
  2.   Where appropriate, on-the-spot checks provided for in this Regulation and any other checks provided for in Community rules shall be carried out at the same time.’; |
| --- | --- |

6.

in Chapter I of Title III of Part II, the following Article 23a is added:

‘Article 23a

1.   Provided that the purpose of the control is not jeopardised, on-the-spot checks may be announced. The announcement shall be strictly limited to the minimum time period necessary and shall not exceed 14 days.

However, for on-the-spot checks concerning livestock aid applications, the notice mentioned in the first subparagraph shall, except in duly justified cases, not exceed 48 hours. Furthermore, where the legislation applicable to the acts and standards relevant to cross-compliance requires the on-the-spot check to be unannounced, those rules shall also apply in the case of on-the-spot checks related to cross-compliance.

2.   Where appropriate, on-the-spot checks provided for in this Regulation and any other checks provided for in Community rules shall be carried out at the same time.’;

| 7. | Article 25 is deleted; |
| --- | --- |

7.

Article 25 is deleted;

| 8. | Articles 44 and 45 are replaced by the following:
  ‘Article 44
  Minimum control rate
  1.   The competent control authority shall, with regard to the requirements and standards for which it is responsible, carry out checks on at least 1 % of all farmers submitting aid applications under support schemes for direct payments within the meaning of Article 2(d) of Regulation (EC) No 1782/2003 and for which the competent control authority in question is responsible.
  The minimum control rate referred to in the first subparagraph may be reached at the level of each competent control authority or at the level of each act or standard or group of acts or standards. In the cases where the controls are not carried out by the Paying Agencies as provided for in Article 42, this minimum control rate may however be reached at the level of each Paying Agency.
  Where the legislation applicable to the act and standards already fix minimum control rates, that rate shall insofar be applied instead of the minimum rate mentioned in the first subparagraph. Alternatively, Member States may decide that any instances of non-compliance detected in the course of any on-the-spot checks under the legislation applicable to the acts and standards which are performed outside the sample mentioned in the first subparagraph, shall be reported to, and followed up by, the competent control authority in charge of the act or standard concerned. The provisions under this Title shall apply.
  2.   Should on-the-spot checks reveal a significant degree of non-compliance with a given act or standard, the number of on-the-spot checks to be carried out for this act or standard in the following control period shall be increased.
  Article 45
  Selection of the control sample
  1.   Without prejudice to checks carried out as a follow-up of non-compliances brought to the attention of the competent control authority in any other way, the selection of each of the samples of farms to be checked in accordance with Article 44 shall be based, where applicable, on a risk analysis according to the applicable legislation, or on a risk analysis appropriate to the requirements or standards. That risk analysis may be based on the level of an individual farm or on the level of categories of farms or geographical zones or, in the case of point (b) of the second subparagraph of paragraph 3 of this Article, on the level of undertakings.
  The risk analysis may take into account one or both of following:






  (a) | a farmer’s participation in the farm advisory system provided for in Articles 13 and 14 of Regulation (EC) No 1782/2003; |
| --- | --- | --- |

8.

Articles 44 and 45 are replaced by the following:

‘Article 44

Minimum control rate

1.   The competent control authority shall, with regard to the requirements and standards for which it is responsible, carry out checks on at least 1 % of all farmers submitting aid applications under support schemes for direct payments within the meaning of Article 2(d) of Regulation (EC) No 1782/2003 and for which the competent control authority in question is responsible.

The minimum control rate referred to in the first subparagraph may be reached at the level of each competent control authority or at the level of each act or standard or group of acts or standards. In the cases where the controls are not carried out by the Paying Agencies as provided for in Article 42, this minimum control rate may however be reached at the level of each Paying Agency.

Where the legislation applicable to the act and standards already fix minimum control rates, that rate shall insofar be applied instead of the minimum rate mentioned in the first subparagraph. Alternatively, Member States may decide that any instances of non-compliance detected in the course of any on-the-spot checks under the legislation applicable to the acts and standards which are performed outside the sample mentioned in the first subparagraph, shall be reported to, and followed up by, the competent control authority in charge of the act or standard concerned. The provisions under this Title shall apply.

2.   Should on-the-spot checks reveal a significant degree of non-compliance with a given act or standard, the number of on-the-spot checks to be carried out for this act or standard in the following control period shall be increased.

Article 45

Selection of the control sample

1.   Without prejudice to checks carried out as a follow-up of non-compliances brought to the attention of the competent control authority in any other way, the selection of each of the samples of farms to be checked in accordance with Article 44 shall be based, where applicable, on a risk analysis according to the applicable legislation, or on a risk analysis appropriate to the requirements or standards. That risk analysis may be based on the level of an individual farm or on the level of categories of farms or geographical zones or, in the case of point (b) of the second subparagraph of paragraph 3 of this Article, on the level of undertakings.

The risk analysis may take into account one or both of following:

(a)

a farmer’s participation in the farm advisory system provided for in Articles 13 and 14 of Regulation (EC) No 1782/2003;

| (b) | a farmer’s participation in a certification system if the scheme in question is relevant for the requirements and standards concerned. |
| --- | --- |

(b)

a farmer’s participation in a certification system if the scheme in question is relevant for the requirements and standards concerned.

1a.   To provide the element of representativeness, between 20 % and 25 % of the minimum number of farmers to be subject to on-the-spot checks as provided for in the first subparagraph of Article 44(1), shall be selected randomly.

However, if the number of farmers to be subject to on-the-spot checks exceeds the minimum number of farmers to be subject to on-the-spot checks as provided for in the first subparagraph of Article 44(1), the percentage of randomly selected farmers in the additional sample should not exceed 25 %.

1b.   A partial selection of the control sample may, where appropriate, be made before the end of the application period in question, on the basis of available information. The provisional sample shall be completed when all relevant applications are available.

2.   The samples of farmers to be checked in accordance with Article 44 shall be selected from the samples of farmers which were already selected pursuant to Articles 26 and 27 and to whom the relevant requirements or standards apply.

3.   By way of derogation from paragraph 2, the samples of farmers to be checked in accordance with Article 44 may be selected amongst the population of farmers submitting aid applications under support schemes for direct payments within the meaning of Article 2(d) of Regulation (EC) No 1782/2003 and who are under the obligation to respect the relevant requirements or standards.

In that case:

| (a) | where it is concluded, on the basis of the risk analysis applied at farm level, that non-beneficiaries of direct aid represent a higher risk than the farmers who applied for aid, farmers who applied for aid may be replaced by non-beneficiaries; in that case, the overall number of farmers checked shall, nevertheless, attain the control rate provided for in Article 44(1); the reasons for such replacements shall be properly justified and documented; |
| --- | --- |

(a)

where it is concluded, on the basis of the risk analysis applied at farm level, that non-beneficiaries of direct aid represent a higher risk than the farmers who applied for aid, farmers who applied for aid may be replaced by non-beneficiaries; in that case, the overall number of farmers checked shall, nevertheless, attain the control rate provided for in Article 44(1); the reasons for such replacements shall be properly justified and documented;

| (b) | if more effective, the risk analysis may be performed at the level of undertakings, in particular slaughterhouses, traders or suppliers rather than at farm level; in that case, the farmers thus checked may be counted towards the control rate provided for in Article 44(1). |
| --- | --- |

(b)

if more effective, the risk analysis may be performed at the level of undertakings, in particular slaughterhouses, traders or suppliers rather than at farm level; in that case, the farmers thus checked may be counted towards the control rate provided for in Article 44(1).

4.   It may be decided to proceed by a combination of the procedures set out in paragraphs 2 and 3 in the case where such a combination increases the effectiveness of the control system.’;

| 9. | Article 47 is amended as follows:






  (a) | in paragraph 1, the following subparagraphs are added:
  ‘Notwithstanding the first subparagraph, where the minimum control rate is reached at the level of each act or standard or group of acts or standards as provided for in the second subparagraph of Article 44(1), the farmers selected shall be checked with regard to their compliance with the act or standard or group of acts and standards in question.
  In general, each farmer selected for an on-the-spot check shall be controlled at a time when most requirements and standards for which he was selected may be checked. However, Member States shall ensure that an appropriate level of control for all requirements and standards is achieved during the year.’; |
| --- | --- | --- |

9.

Article 47 is amended as follows:

(a)

in paragraph 1, the following subparagraphs are added:

‘Notwithstanding the first subparagraph, where the minimum control rate is reached at the level of each act or standard or group of acts or standards as provided for in the second subparagraph of Article 44(1), the farmers selected shall be checked with regard to their compliance with the act or standard or group of acts and standards in question.

In general, each farmer selected for an on-the-spot check shall be controlled at a time when most requirements and standards for which he was selected may be checked. However, Member States shall ensure that an appropriate level of control for all requirements and standards is achieved during the year.’;

| (b) | the following paragraph is inserted after paragraph 1:
  ‘1a.   On-the-spot checks shall, where applicable, cover all the agricultural land of the holding. Nevertheless, the actual inspection in the field as part of an on-the-spot check may be limited to a sample of at least half of the agricultural parcels concerned by the requirement or standard on the holding provided that such sample guarantees a reliable and representative level of control in respect of requirements and standards. When this sample check reveals non-compliances, the sample of agricultural parcels actually inspected shall be increased.
  Furthermore, where the legislation applicable to the act or standards provides so, the actual inspection of the compliance with the requirements and standards as part of an on-the-spot check may be limited to a representative sample of the objects to check. However, the Member States shall assure that the checks are carried out on all requirements and standards for which the compliance may be checked at the time of the visit.’; |
| --- | --- |

(b)

the following paragraph is inserted after paragraph 1:

‘1a.   On-the-spot checks shall, where applicable, cover all the agricultural land of the holding. Nevertheless, the actual inspection in the field as part of an on-the-spot check may be limited to a sample of at least half of the agricultural parcels concerned by the requirement or standard on the holding provided that such sample guarantees a reliable and representative level of control in respect of requirements and standards. When this sample check reveals non-compliances, the sample of agricultural parcels actually inspected shall be increased.

Furthermore, where the legislation applicable to the act or standards provides so, the actual inspection of the compliance with the requirements and standards as part of an on-the-spot check may be limited to a representative sample of the objects to check. However, the Member States shall assure that the checks are carried out on all requirements and standards for which the compliance may be checked at the time of the visit.’;

| (c) | the following paragraphs are added:
  ‘3.   Provided that the Member State ensures that the effectiveness of the controls is at least equal to the one achieved in the case where the controls are carried out by on-the-spot checks, controls at farm level may be replaced by administrative checks or checks at the level of undertakings as referred to in point (b) of the second subparagraph of Article 45(3).
  4.   In performing the on-the-spot checks, Member States may make use of objective control indicators specific to certain requirements and standards provided they ensure that the effectiveness of the control of the requirements and standards concerned is at least equal to on-the-spot checks performed without the use of indicators.
  The indicators shall have a direct link to the requirements or standards they represent and cover all elements to be checked when controlling that or those requirements or standards.
  5.   On-the-spot checks related to the sample provided for in Article 44(1) shall be carried out within the same calendar year where the aid applications are submitted.’; |
| --- | --- |

(c)

the following paragraphs are added:

‘3.   Provided that the Member State ensures that the effectiveness of the controls is at least equal to the one achieved in the case where the controls are carried out by on-the-spot checks, controls at farm level may be replaced by administrative checks or checks at the level of undertakings as referred to in point (b) of the second subparagraph of Article 45(3).

4.   In performing the on-the-spot checks, Member States may make use of objective control indicators specific to certain requirements and standards provided they ensure that the effectiveness of the control of the requirements and standards concerned is at least equal to on-the-spot checks performed without the use of indicators.

The indicators shall have a direct link to the requirements or standards they represent and cover all elements to be checked when controlling that or those requirements or standards.

5.   On-the-spot checks related to the sample provided for in Article 44(1) shall be carried out within the same calendar year where the aid applications are submitted.’;

| 10. | Article 48(2) is replaced by the following:
  ‘2.   The farmer shall be informed of any determined non-compliance within three months after the date of the on-the-spot check.’; |
| --- | --- |

10.

Article 48(2) is replaced by the following:

‘2.   The farmer shall be informed of any determined non-compliance within three months after the date of the on-the-spot check.’;

| 11. | in Article 66(4), the first subparagraph is replaced by the following:
  ‘4.   Without prejudice to cases of intentional non-compliance in accordance with Article 67, where repeated non-compliances have been determined, a percentage fixed in accordance with paragraph 1 with regard to the repeated non-compliance shall, in respect of the first repetition, be multiplied by the factor three. For this purpose, the Paying Agency shall, in the case where that percentage was fixed in accordance with paragraph 2, determine the percentage that would have been applied to the repeated non-compliance with the requirement or standard concerned.’; |
| --- | --- |

11.

in Article 66(4), the first subparagraph is replaced by the following:

‘4.   Without prejudice to cases of intentional non-compliance in accordance with Article 67, where repeated non-compliances have been determined, a percentage fixed in accordance with paragraph 1 with regard to the repeated non-compliance shall, in respect of the first repetition, be multiplied by the factor three. For this purpose, the Paying Agency shall, in the case where that percentage was fixed in accordance with paragraph 2, determine the percentage that would have been applied to the repeated non-compliance with the requirement or standard concerned.’;

| 12. | in Article 71a(2), the first subparagraph of point (d) is replaced by the following:
  ‘With regard to aid schemes listed in Annex I to Regulation (EC) No 1782/2003 for which a budgetary ceiling is fixed in accordance with Articles 64(2), 70(2), 71(2), 110p(1), 143b(7), 143ba(2) and 143bc of that Regulation, the Member State shall sum up the amounts resulting from the application of points (a), (b) and (c).’; |
| --- | --- |

12.

in Article 71a(2), the first subparagraph of point (d) is replaced by the following:

‘With regard to aid schemes listed in Annex I to Regulation (EC) No 1782/2003 for which a budgetary ceiling is fixed in accordance with Articles 64(2), 70(2), 71(2), 110p(1), 143b(7), 143ba(2) and 143bc of that Regulation, the Member State shall sum up the amounts resulting from the application of points (a), (b) and (c).’;

| 13. | in Article 73a, the following paragraph is inserted after paragraph 2a:
  ‘2b.   Member States may decide not to recover unduly allocated entitlements where the total amount unduly allocated to the farmer is EUR 50 or less. Furthermore, when the total value referred to in paragraph 2a concerns EUR 50 or less, Member States may decide not to carry out the recalculation.’; |
| --- | --- |

13.

in Article 73a, the following paragraph is inserted after paragraph 2a:

‘2b.   Member States may decide not to recover unduly allocated entitlements where the total amount unduly allocated to the farmer is EUR 50 or less. Furthermore, when the total value referred to in paragraph 2a concerns EUR 50 or less, Member States may decide not to carry out the recalculation.’;

| 14. | in Article 76(2), the following subparagraph is added:
  ‘However, Bulgaria and Romania shall send to the Commission a communication about that proportion of land under permanent pasture in the reference year 2007 referred to in Article 3(7) by 31 March 2008 at the latest.’ |
| --- | --- |

14.

in Article 76(2), the following subparagraph is added:

‘However, Bulgaria and Romania shall send to the Commission a communication about that proportion of land under permanent pasture in the reference year 2007 referred to in Article 3(7) by 31 March 2008 at the latest.’

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

It shall apply to aid applications relating to years or premium periods starting from 1 January 2008.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  OJ L 270, 21.10.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 1276/2007 (OJ L 284, 30.10.2007, p. 11).

1

(2)  COM(2007) 147 final, 29.3.2007.

2

(3)  OJ L 141, 30.4.2004, p. 18. Regulation as last amended by Regulation (EC) No 972/2007 (OJ L 216, 21.8.2007, p. 3).

3

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| 21.12.2007 | EN | Official Journal of the European Union | L 337/85 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/85

---

COMMISSION REGULATION (EC) No 1551/2007

of 20 December 2007

fixing the export refunds on white and raw sugar exported without further processing

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular the second subparagraph of Article 33(2) thereof,

Whereas:

| (1) | Article 32 of Regulation (EC) No 318/2006 provides that the difference between prices on the world market for the products listed in Article 1(1)(b) of that Regulation and prices for those products on the Community market may be covered by an export refund. |
| --- | --- |

(1)

Article 32 of Regulation (EC) No 318/2006 provides that the difference between prices on the world market for the products listed in Article 1(1)(b) of that Regulation and prices for those products on the Community market may be covered by an export refund.

| (2) | Given the present situation on the sugar market, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Articles 32 and 33 of Regulation (EC) No 318/2006. |
| --- | --- |

(2)

Given the present situation on the sugar market, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Articles 32 and 33 of Regulation (EC) No 318/2006.

| (3) | The first subparagraph of Article 33(2) of Regulation (EC) No 318/2006 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination. |
| --- | --- |

(3)

The first subparagraph of Article 33(2) of Regulation (EC) No 318/2006 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

| (4) | Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Regulation (EC) No 318/2006. |
| --- | --- |

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Regulation (EC) No 318/2006.

| (5) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

Export refunds as provided for in Article 32 of Regulation (EC) No 318/2006 shall be granted on the products and for the amounts set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 21 December 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

1

---

ANNEX

Export refunds on white and raw sugar exported without further processing applicable from 21 December 2007

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 1701 11 90 9100 | S00 | EUR/100 kg | 28,34 (2) |
| 1701 11 90 9910 | S00 | EUR/100 kg | 28,34 (2) |
| 1701 12 90 9100 | S00 | EUR/100 kg | 28,34 (2) |
| 1701 12 90 9910 | S00 | EUR/100 kg | 28,34 (2) |
| 1701 91 00 9000 | S00 | EUR/1 % sucrose × 100 kg of net product | 0,3081 |
| 1701 99 10 9100 | S00 | EUR/100 kg | 30,81 |
| 1701 99 10 9910 | S00 | EUR/100 kg | 30,81 |
| 1701 99 10 9950 | S00 | EUR/100 kg | 30,81 |
| 1701 99 90 9100 | S00 | EUR/1 % sucrose × 100 kg of net product | 0,3081 |
| NB: The destinations are defined as follows:







  S00 | — | All destinations with the exception of:






  (a) | third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), Croatia, Bosnia-Herzegovina, Serbia (), Montenegro, Albania and the former Yugoslav Republic of Macedonia; |

Product code

Destination

Unit of measurement

Amount of refund

1701 11 90 9100

S00

EUR/100 kg

28,34 (2)

1701 11 90 9910

S00

EUR/100 kg

28,34 (2)

1701 12 90 9100

S00

EUR/100 kg

28,34 (2)

1701 12 90 9910

S00

EUR/100 kg

28,34 (2)

1701 91 00 9000

S00

EUR/1 % sucrose × 100 kg of net product

0,3081

1701 99 10 9100

S00

EUR/100 kg

30,81

1701 99 10 9910

S00

EUR/100 kg

30,81

1701 99 10 9950

S00

EUR/100 kg

30,81

1701 99 90 9100

S00

EUR/1 % sucrose × 100 kg of net product

0,3081

NB: The destinations are defined as follows:

S00

—

All destinations with the exception of:

(a)

third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), Croatia, Bosnia-Herzegovina, Serbia (), Montenegro, Albania and the former Yugoslav Republic of Macedonia;

| (b) | territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control; |
| --- | --- |

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

| (c) | European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar. |
| --- | --- |

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

---

(1)  Including Kosovo, under the aegis of the United Nations, pursuant to UN Security Council Resolution 1244 of 10 June 1999.

(2)  This amount is applicable to raw sugar with a yield of 92 %. Where the yield for exported raw sugar differs from 92 % the refund amount applicable shall be multiplied, for each exporting operation concerned, by a conversion factor obtained by dividing by 92 the yield of the raw sugar exported, calculated in accordance with paragraph 3 of Point III of the Annex I of Regulation (EC) No 318/2006.

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/87 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/87

---

COMMISSION REGULATION (EC) No 1552/2007

of 20 December 2007

fixing the export refunds on syrups and certain other sugar products exported without further processing

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular the second subparagraph of Article 33(2) thereof,

Whereas:

| (1) | Article 32 of Regulation (EC) No 318/2006 provides that the difference between prices on the world market for the products listed in Article 1(1)(c), (d) and (g) of that Regulation and prices for those products on the Community market may be covered by an export refund. |
| --- | --- |

(1)

Article 32 of Regulation (EC) No 318/2006 provides that the difference between prices on the world market for the products listed in Article 1(1)(c), (d) and (g) of that Regulation and prices for those products on the Community market may be covered by an export refund.

| (2) | Given the present situation on the sugar market, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Articles 32 and 33 of Regulation (EC) No 318/2006. |
| --- | --- |

(2)

Given the present situation on the sugar market, export refunds should therefore be fixed in accordance with the rules and certain criteria provided for in Articles 32 and 33 of Regulation (EC) No 318/2006.

| (3) | The first subparagraph of Article 33(2) of Regulation (EC) No 318/2006 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination. |
| --- | --- |

(3)

The first subparagraph of Article 33(2) of Regulation (EC) No 318/2006 provides that the world market situation or the specific requirements of certain markets may make it necessary to vary the refund according to destination.

| (4) | Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2). |
| --- | --- |

(4)

Refunds should be granted only on products that are allowed to move freely in the Community and that comply with the requirements of Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2).

| (5) | Export refunds may be set to cover the competitive gap between Community and third country's exports. Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favourable competitive position. Therefore, refunds for exports to those destinations should be abolished. |
| --- | --- |

(5)

Export refunds may be set to cover the competitive gap between Community and third country's exports. Community exports to certain close destinations and to third countries granting Community products a preferential import treatment are currently in a particular favourable competitive position. Therefore, refunds for exports to those destinations should be abolished.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

1.   Export refunds as provided for in Article 32 of Regulation (EC) No 318/2006 shall be granted on the products and for the amounts set out in the Annex to this Regulation subject to the conditions provided for in paragraph 2 of this Article.

2.   To be eligible for a refund under paragraph 1 products must meet the relevant requirements laid down in Articles 3 and 4 of Regulation (EC) No 951/2006.

Article 2

This Regulation shall enter into force on 21 December 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

1

(2)  OJ L 178, 1.7.2006, p. 24. Regulation as amended by Regulation (EC) No 2031/2006 (OJ L 414, 30.12.2006, p. 43).

2

---

ANNEX

Export refunds on syrups and certain other sugar products exported without further processing applicable from 21 December 2007 (2)

| Product code | Destination | Unit of measurement | Amount of refund |
| --- | --- | --- | --- |
| 1702 40 10 9100 | S00 | EUR/100 kg dry matter | 30,81 |
| 1702 60 10 9000 | S00 | EUR/100 kg dry matter | 30,81 |
| 1702 60 95 9000 | S00 | EUR/1 % sucrose × 100 kg of net product | 0,3081 |
| 1702 90 30 9000 | S00 | EUR/100 kg dry matter | 30,81 |
| 1702 90 60 9000 | S00 | EUR/1 % sucrose × 100 kg of net product | 0,3081 |
| 1702 90 71 9000 | S00 | EUR/1 % sucrose × 100 kg of net product | 0,3081 |
| 1702 90 99 9900 | S00 | EUR/1 % sucrose × 100 kg of net product | 0,3081 (3) |
| 2106 90 30 9000 | S00 | EUR/100 kg dry matter | 30,81 |
| 2106 90 59 9000 | S00 | EUR/1 % sucrose × 100 kg of net product | 0,3081 |
| NB: The destinations are defined as follows:







  S00 | — | All destinations with the exception of:






  (a) | third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), Croatia, Bosnia-Herzegovina, Serbia (), Montenegro, Albania and the former Yugoslav Republic of Macedonia; |

Product code

Destination

Unit of measurement

Amount of refund

1702 40 10 9100

S00

EUR/100 kg dry matter

30,81

1702 60 10 9000

S00

EUR/100 kg dry matter

30,81

1702 60 95 9000

S00

EUR/1 % sucrose × 100 kg of net product

0,3081

1702 90 30 9000

S00

EUR/100 kg dry matter

30,81

1702 90 60 9000

S00

EUR/1 % sucrose × 100 kg of net product

0,3081

1702 90 71 9000

S00

EUR/1 % sucrose × 100 kg of net product

0,3081

1702 90 99 9900

S00

EUR/1 % sucrose × 100 kg of net product

0,3081 (3)

2106 90 30 9000

S00

EUR/100 kg dry matter

30,81

2106 90 59 9000

S00

EUR/1 % sucrose × 100 kg of net product

0,3081

NB: The destinations are defined as follows:

S00

—

All destinations with the exception of:

(a)

third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), Croatia, Bosnia-Herzegovina, Serbia (), Montenegro, Albania and the former Yugoslav Republic of Macedonia;

| (b) | territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control; |
| --- | --- |

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

| (c) | European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar. |
| --- | --- |

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

---

(1)  Including Kosovo, under the aegis of the United Nations, pursuant to UN Security Council Resolution 1244 of 10 June 1999.

(2)  The amounts set out in this Annex are not applicable with effect from 1 February 2005 pursuant to Council Decision 2005/45/EC of 22 December 2004 concerning the conclusion and application of the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products (OJ L 23, 26.1.2005, p. 17).

(3)  The basic amount is not applicable to the product defined under point 2 of the Annex to Commission Regulation (EEC) No 3513/92 (OJ L 355, 5.12.1992, p. 12).

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/89 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/89

---

COMMISSION REGULATION (EC) No 1553/2007

of 20 December 2007

fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 900/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 900/2007 of 27 July 2007 on a standing invitation to tender to determine refunds on exports of white sugar for the 2007/08 marketing year (2) requires the issuing of partial invitations to tender. |
| --- | --- |

(1)

Commission Regulation (EC) No 900/2007 of 27 July 2007 on a standing invitation to tender to determine refunds on exports of white sugar for the 2007/08 marketing year (2) requires the issuing of partial invitations to tender.

| (2) | Pursuant to Article 8(1) of Regulation (EC) No 900/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 20 December 2007, it is appropriate to fix a maximum export refund for that partial invitation to tender. |
| --- | --- |

(2)

Pursuant to Article 8(1) of Regulation (EC) No 900/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 20 December 2007, it is appropriate to fix a maximum export refund for that partial invitation to tender.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the partial invitation to tender ending on 20 December 2007, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 900/2007 shall be 35,810 EUR/100 kg.

Article 2

This Regulation shall enter into force on 21 December 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

1

(2)  OJ L 196, 28.7.2007, p. 26. Regulation as last amended by Commission Regulation (EC) No 1298/2007 (OJ L 289, 7.11.2007, p. 3).

2

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| 21.12.2007 | EN | Official Journal of the European Union | L 337/90 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/90

---

COMMISSION REGULATION (EC) No 1554/2007

of 20 December 2007

fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 1060/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1), and in particular the second subparagraph and point (b) of the third subparagraph of Article 33(2) thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden (2) requires the issuing of partial invitations to tender. |
| --- | --- |

(1)

Commission Regulation (EC) No 1060/2007 of 14 September 2007 opening a standing invitation to tender for the resale for export of sugar held by the intervention agencies of Belgium, the Czech Republic, Spain, Ireland, Italy, Hungary, Poland, Slovakia and Sweden (2) requires the issuing of partial invitations to tender.

| (2) | Pursuant to Article 4(1) of Regulation (EC) No 1060/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 19 December 2007, it is appropriate to fix a maximum export refund for that partial invitation to tender. |
| --- | --- |

(2)

Pursuant to Article 4(1) of Regulation (EC) No 1060/2007 and following an examination of the tenders submitted in response to the partial invitation to tender ending on 19 December 2007, it is appropriate to fix a maximum export refund for that partial invitation to tender.

| (3) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(3)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the partial invitation to tender ending on 19 December 2007, the maximum export refund for the product referred to in Article 1(1) of Regulation (EC) No 1060/2007 shall be 409,99 EUR/t.

Article 2

This Regulation shall enter into force on 21 December 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

1

(2)  OJ L 242, 15.9.2007, p. 8.

2

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/91 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/91

---

COMMISSION REGULATION (EC) Νo 1555/2007

of 20 December 2007

fixing the export refunds on products processed from cereals and rice

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2), and in particular Article 14(3) thereof,

Whereas:

| (1) | Article 13 of Regulation (EC) No 1784/2003 and Article 14 of Regulation (EC) No 1785/2003 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 13 of Regulation (EC) No 1784/2003 and Article 14 of Regulation (EC) No 1785/2003 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of those Regulations and prices for those products within the Community may be covered by an export refund.

| (2) | Article 14 of Regulation (EC) No 1785/2003 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market. |
| --- | --- |

(2)

Article 14 of Regulation (EC) No 1785/2003 provides that when refunds are being fixed account must be taken of the existing situation and the future trend with regard to prices and availabilities of cereals, rice and broken rice on the Community market on the one hand and prices for cereals, rice, broken rice and cereal products on the world market on the other. The same Articles provide that it is also important to ensure equilibrium and the natural development of prices and trade on the markets in cereals and rice and, furthermore, to take into account the economic aspect of the proposed exports, and the need to avoid disturbances on the Community market.

| (3) | Article 2 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated. |
| --- | --- |

(3)

Article 2 of Commission Regulation (EC) No 1518/95 (3) on the import and export system for products processed from cereals and from rice defines the specific criteria to be taken into account when the refund on these products is being calculated.

| (4) | The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product. |
| --- | --- |

(4)

The refund to be granted in respect of certain processed products should be graduated on the basis of the ash, crude fibre, tegument, protein, fat and starch content of the individual product concerned, this content being a particularly good indicator of the quantity of basic product actually incorporated in the processed product.

| (5) | There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time. |
| --- | --- |

(5)

There is no need at present to fix an export refund for manioc, other tropical roots and tubers or flours obtained therefrom, given the economic aspect of potential exports and in particular the nature and origin of these products. For certain products processed from cereals, the insignificance of Community participation in world trade makes it unnecessary to fix an export refund at the present time.

| (6) | The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination. |
| --- | --- |

(6)

The world market situation or the specific requirements of certain markets may make it necessary to vary the refund for certain products according to destination.

| (7) | The refund must be fixed once a month. It may be altered in the intervening period. |
| --- | --- |

(7)

The refund must be fixed once a month. It may be altered in the intervening period.

| (8) | Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted. |
| --- | --- |

(8)

Certain processed maize products may undergo a heat treatment following which a refund might be granted that does not correspond to the quality of the product; whereas it should therefore be specified that on these products, containing pregelatinised starch, no export refund is to be granted.

| (9) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(9)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The export refunds on the products listed in Article 1 of Regulation (EC) No 1518/95 are hereby fixed as shown in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 21 December 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6). Regulation (EC) No 1784/2003 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

1

(2)  OJ L 270, 21.10.2003, p. 96. Regulation as last amended by Commission Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006, p. 1). Regulation (EC) No 1785/2003 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 September 2008.

2

(3)  OJ L 147, 30.6.1995, p. 55. Regulation as last amended by Regulation (EC) No 2993/95 (OJ L 312, 23.12.1995, p. 25).

3

---

ANNEX

to Commission Regulation of 20 December 2007 fixing the export refunds on products processed from cereals and rice

| Product code | Destination | Unit of measurement | Refunds |
| --- | --- | --- | --- |
| 1102 20 10 9200 (1) | C10 | EUR/t | 0,00 |
| 1102 20 10 9400 (1) | C10 | EUR/t | 0,00 |
| 1102 20 90 9200 (1) | C10 | EUR/t | 0,00 |
| 1102 90 10 9100 | C10 | EUR/t | 0,00 |
| 1102 90 10 9900 | C10 | EUR/t | 0,00 |
| 1102 90 30 9100 | C10 | EUR/t | 0,00 |
| 1103 19 40 9100 | C10 | EUR/t | 0,00 |
| 1103 13 10 9100 (1) | C10 | EUR/t | 0,00 |
| 1103 13 10 9300 (1) | C10 | EUR/t | 0,00 |
| 1103 13 10 9500 (1) | C10 | EUR/t | 0,00 |
| 1103 13 90 9100 (1) | C10 | EUR/t | 0,00 |
| 1103 19 10 9000 | C10 | EUR/t | 0,00 |
| 1103 19 30 9100 | C10 | EUR/t | 0,00 |
| 1103 20 60 9000 | C10 | EUR/t | 0,00 |
| 1103 20 20 9000 | C10 | EUR/t | 0,00 |
| 1104 19 69 9100 | C10 | EUR/t | 0,00 |
| 1104 12 90 9100 | C10 | EUR/t | 0,00 |
| 1104 12 90 9300 | C10 | EUR/t | 0,00 |
| 1104 19 10 9000 | C10 | EUR/t | 0,00 |
| 1104 19 50 9110 | C10 | EUR/t | 0,00 |
| 1104 19 50 9130 | C10 | EUR/t | 0,00 |
| 1104 29 01 9100 | C10 | EUR/t | 0,00 |
| 1104 29 03 9100 | C10 | EUR/t | 0,00 |
| 1104 29 05 9100 | C10 | EUR/t | 0,00 |
| 1104 29 05 9300 | C10 | EUR/t | 0,00 |
| 1104 22 20 9100 | C10 | EUR/t | 0,00 |
| 1104 22 30 9100 | C10 | EUR/t | 0,00 |
| 1104 23 10 9100 | C10 | EUR/t | 0,00 |
| 1104 23 10 9300 | C10 | EUR/t | 0,00 |
| 1104 29 11 9000 | C10 | EUR/t | 0,00 |
| 1104 29 51 9000 | C10 | EUR/t | 0,00 |
| 1104 29 55 9000 | C10 | EUR/t | 0,00 |
| 1104 30 10 9000 | C10 | EUR/t | 0,00 |
| 1104 30 90 9000 | C10 | EUR/t | 0,00 |
| 1107 10 11 9000 | C10 | EUR/t | 0,00 |
| 1107 10 91 9000 | C10 | EUR/t | 0,00 |
| 1108 11 00 9200 | C10 | EUR/t | 0,00 |
| 1108 11 00 9300 | C10 | EUR/t | 0,00 |
| 1108 12 00 9200 | C10 | EUR/t | 0,00 |
| 1108 12 00 9300 | C10 | EUR/t | 0,00 |
| 1108 13 00 9200 | C10 | EUR/t | 0,00 |
| 1108 13 00 9300 | C10 | EUR/t | 0,00 |
| 1108 19 10 9200 | C10 | EUR/t | 0,00 |
| 1108 19 10 9300 | C10 | EUR/t | 0,00 |
| 1109 00 00 9100 | C10 | EUR/t | 0,00 |
| 1702 30 51 9000 (2) | C10 | EUR/t | 0,00 |
| 1702 30 59 9000 (2) | C10 | EUR/t | 0,00 |
| 1702 30 91 9000 | C10 | EUR/t | 0,00 |
| 1702 30 99 9000 | C10 | EUR/t | 0,00 |
| 1702 40 90 9000 | C10 | EUR/t | 0,00 |
| 1702 90 50 9100 | C10 | EUR/t | 0,00 |
| 1702 90 50 9900 | C10 | EUR/t | 0,00 |
| 1702 90 75 9000 | C10 | EUR/t | 0,00 |
| 1702 90 79 9000 | C10 | EUR/t | 0,00 |
| 2106 90 55 9000 | C14 | EUR/t | 0,00 |
| NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.
  The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).
  The other destinations are as follows:







  C10 | : | All destinations |
| C14 | : | All destinations except for Switzerland and Liechtenstein. |

Product code

Destination

Unit of measurement

Refunds

1102 20 10 9200 (1)

C10

EUR/t

0,00

1102 20 10 9400 (1)

C10

EUR/t

0,00

1102 20 90 9200 (1)

C10

EUR/t

0,00

1102 90 10 9100

C10

EUR/t

0,00

1102 90 10 9900

C10

EUR/t

0,00

1102 90 30 9100

C10

EUR/t

0,00

1103 19 40 9100

C10

EUR/t

0,00

1103 13 10 9100 (1)

C10

EUR/t

0,00

1103 13 10 9300 (1)

C10

EUR/t

0,00

1103 13 10 9500 (1)

C10

EUR/t

0,00

1103 13 90 9100 (1)

C10

EUR/t

0,00

1103 19 10 9000

C10

EUR/t

0,00

1103 19 30 9100

C10

EUR/t

0,00

1103 20 60 9000

C10

EUR/t

0,00

1103 20 20 9000

C10

EUR/t

0,00

1104 19 69 9100

C10

EUR/t

0,00

1104 12 90 9100

C10

EUR/t

0,00

1104 12 90 9300

C10

EUR/t

0,00

1104 19 10 9000

C10

EUR/t

0,00

1104 19 50 9110

C10

EUR/t

0,00

1104 19 50 9130

C10

EUR/t

0,00

1104 29 01 9100

C10

EUR/t

0,00

1104 29 03 9100

C10

EUR/t

0,00

1104 29 05 9100

C10

EUR/t

0,00

1104 29 05 9300

C10

EUR/t

0,00

1104 22 20 9100

C10

EUR/t

0,00

1104 22 30 9100

C10

EUR/t

0,00

1104 23 10 9100

C10

EUR/t

0,00

1104 23 10 9300

C10

EUR/t

0,00

1104 29 11 9000

C10

EUR/t

0,00

1104 29 51 9000

C10

EUR/t

0,00

1104 29 55 9000

C10

EUR/t

0,00

1104 30 10 9000

C10

EUR/t

0,00

1104 30 90 9000

C10

EUR/t

0,00

1107 10 11 9000

C10

EUR/t

0,00

1107 10 91 9000

C10

EUR/t

0,00

1108 11 00 9200

C10

EUR/t

0,00

1108 11 00 9300

C10

EUR/t

0,00

1108 12 00 9200

C10

EUR/t

0,00

1108 12 00 9300

C10

EUR/t

0,00

1108 13 00 9200

C10

EUR/t

0,00

1108 13 00 9300

C10

EUR/t

0,00

1108 19 10 9200

C10

EUR/t

0,00

1108 19 10 9300

C10

EUR/t

0,00

1109 00 00 9100

C10

EUR/t

0,00

1702 30 51 9000 (2)

C10

EUR/t

0,00

1702 30 59 9000 (2)

C10

EUR/t

0,00

1702 30 91 9000

C10

EUR/t

0,00

1702 30 99 9000

C10

EUR/t

0,00

1702 40 90 9000

C10

EUR/t

0,00

1702 90 50 9100

C10

EUR/t

0,00

1702 90 50 9900

C10

EUR/t

0,00

1702 90 75 9000

C10

EUR/t

0,00

1702 90 79 9000

C10

EUR/t

0,00

2106 90 55 9000

C14

EUR/t

0,00

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are as follows:

C10

:

All destinations

C14

:

All destinations except for Switzerland and Liechtenstein.

---

(1)  No refund shall be granted on products given a heat treatment resulting in pregelatinisation of the starch.

(2)  Refunds are granted in accordance with Council Regulation (EEC) No 2730/75 (OJ L 281, 1.11.1975, p. 20), as amended.

NB: The product codes and the ‘A’ series destination codes are set out in Commission Regulation (EEC) No 3846/87 (OJ L 366, 24.12.1987, p. 1) as amended.

The numeric destination codes are set out in Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11).

The other destinations are as follows:

| C10 | : | All destinations |
| --- | --- | --- |
| C14 | : | All destinations except for Switzerland and Liechtenstein. |

C10

:

All destinations

C14

:

All destinations except for Switzerland and Liechtenstein.

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/94 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/94

---

COMMISSION REGULATION (EC) No 1556/2007

of 20 December 2007

fixing the rates of the refunds applicable to certain cereal and rice products exported in the form of goods not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Having regard to Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (2), and in particular Article 14(3) thereof,

Whereas:

| (1) | Article 13(1) of Regulation (EC) No 1784/2003 and Article 14(1) of Regulation (EC) No 1785/2003 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund. |
| --- | --- |

(1)

Article 13(1) of Regulation (EC) No 1784/2003 and Article 14(1) of Regulation (EC) No 1785/2003 provide that the difference between quotations or prices on the world market for the products listed in Article 1 of each of those Regulations and the prices within the Community may be covered by an export refund.

| (2) | Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (3), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex III to Regulation (EC) No 1784/2003 or in Annex IV to Regulation (EC) No 1785/2003 as appropriate. |
| --- | --- |

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (3), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex III to Regulation (EC) No 1784/2003 or in Annex IV to Regulation (EC) No 1785/2003 as appropriate.

| (3) | In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month. |
| --- | --- |

(3)

In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.

| (4) | The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met. |
| --- | --- |

(4)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

| (5) | Taking into account the settlement between the European Community and the United States of America on Community exports of pasta products to the United States, approved by Council Decision 87/482/EEC (4), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination. |
| --- | --- |

(5)

Taking into account the settlement between the European Community and the United States of America on Community exports of pasta products to the United States, approved by Council Decision 87/482/EEC (4), it is necessary to differentiate the refund on goods falling within CN codes 1902 11 00 and 1902 19 according to their destination.

| (6) | Pursuant to Article 15(2) and (3) of Regulation (EC) No 1043/2005, a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Commission Regulation (EEC) No 1722/93 (5), for the basic product in question, used during the assumed period of manufacture of the goods. |
| --- | --- |

(6)

Pursuant to Article 15(2) and (3) of Regulation (EC) No 1043/2005, a reduced rate of export refund has to be fixed, taking account of the amount of the production refund applicable, pursuant to Commission Regulation (EEC) No 1722/93 (5), for the basic product in question, used during the assumed period of manufacture of the goods.

| (7) | Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 of the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages. |
| --- | --- |

(7)

Spirituous beverages are considered less sensitive to the price of the cereals used in their manufacture. However, Protocol 19 of the Act of Accession of the United Kingdom, Ireland and Denmark provides that the necessary measures must be decided to facilitate the use of Community cereals in the manufacture of spirituous beverages obtained from cereals. Accordingly, it is necessary to adapt the refund rate applying to cereals exported in the form of spirituous beverages.

| (8) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(8)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1 of Regulation (EC) No 1784/2003 or in Article 1 of Regulation (EC) No 1785/2003, and exported in the form of goods listed in Annex III to Regulation (EC) No 1784/2003 or in Annex IV to Regulation (EC) No 1785/2003 respectively, shall be fixed as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 21 December 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Heinz ZOUREK

Director-General Enterprise and Industry

---

(1)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  OJ L 270, 21.10.2003, p. 96. Regulation as last amended by Commission Regulation (EC) No 797/2006 (OJ L 144, 31.5.2006, p. 1).

2

(3)  OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regulation (EC) No 447/2007 (OJ L 106, 24.4.2007, p. 31).

3

(4)  OJ L 275, 29.9.1987, p. 36.

4

(5)  OJ L 159, 1.7.1993, p. 112. Regulation as last amended by Regulation (EC) No 1584/2004 (OJ L 280, 31.8.2004, p. 11).

5

---

ANNEX

Rates of the refunds applicable from 21 December 2007 to certain cereals and rice products exported in the form of goods not covered by Annex I to the Treaty (1)

| (EUR/100 kg) |
| --- |
| CN code | Description of products (2) | Rate of refund per 100 kg of basic product |
| In case of advance fixing of refunds | Other |
| 1001 10 00 | Durum wheat: | | |
| – on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America | — | — |
| – in other cases | — | — |
| 1001 90 99 | Common wheat and meslin: | | |
| – on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America | — | — |
| – in other cases: | | |
| – – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3) | — | — |
| – – where goods falling within subheading 2208 (4) are exported | — | — |
| – – in other cases | — | — |
| 1002 00 00 | Rye | — | — |
| 1003 00 90 | Barley | | |
| – where goods falling within subheading 2208 (4) are exported | — | — |
| – in other cases | — | — |
| 1004 00 00 | Oats | — | — |
| 1005 90 00 | Maize (corn) used in the form of: | | |
| – starch: | | |
| – – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3) | — | — |
| – – where goods falling within subheading 2208 (4) are exported | — | — |
| – – in other cases | — | — |
| – glucose, glucose syrup, maltodextrine, maltodextrine syrup of CN codes 1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 50, 1702 90 75, 1702 90 79, 2106 90 55 (5): | | |
| – – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3) | — | — |
| – – where goods falling within subheading 2208 (4) are exported | — | — |
| – – in other cases | — | — |
| – – where goods falling within subheading 2208 (4) are exported | — | — |
| – other (including unprocessed) | — | — |
| Potato starch of CN code 1108 13 00 similar to a product obtained from processed maize: | | |
| – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3) | — | — |
| – where goods falling within subheading 2208 (4) are exported | — | — |
| – in other cases | — | — |
| ex 1006 30 | Wholly milled rice: | | |
| – round grain | — | — |
| – medium grain | — | — |
| – long grain | — | — |
| 1006 40 00 | Broken rice | — | — |
| 1007 00 90 | Grain sorghum, other than hybrid for sowing | — | — |

(EUR/100 kg)

CN code

Description of products (2)

Rate of refund per 100 kg of basic product

In case of advance fixing of refunds

Other

1001 10 00

Durum wheat:

– on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America

—

—

– in other cases

—

—

1001 90 99

Common wheat and meslin:

– on exports of goods falling within CN codes 1902 11 and 1902 19 to the United States of America

—

—

– in other cases:

– – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3)

—

—

– – where goods falling within subheading 2208 (4) are exported

—

—

– – in other cases

—

—

1002 00 00

Rye

—

—

1003 00 90

Barley

– where goods falling within subheading 2208 (4) are exported

—

—

– in other cases

—

—

1004 00 00

Oats

—

—

1005 90 00

Maize (corn) used in the form of:

– starch:

– – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3)

—

—

– – where goods falling within subheading 2208 (4) are exported

—

—

– – in other cases

—

—

– glucose, glucose syrup, maltodextrine, maltodextrine syrup of CN codes 1702 30 51, 1702 30 59, 1702 30 91, 1702 30 99, 1702 40 90, 1702 90 50, 1702 90 75, 1702 90 79, 2106 90 55 (5):

– – where Article 15(3) of Regulation (EC) No 1043/2005 applies (3)

—

—

– – where goods falling within subheading 2208 (4) are exported

—

—

– – in other cases

—

—

– – where goods falling within subheading 2208 (4) are exported

—

—

– other (including unprocessed)

—

—

Potato starch of CN code 1108 13 00 similar to a product obtained from processed maize:

– where Article 15(3) of Regulation (EC) No 1043/2005 applies (3)

—

—

– where goods falling within subheading 2208 (4) are exported

—

—

– in other cases

—

—

ex 1006 30

Wholly milled rice:

– round grain

—

—

– medium grain

—

—

– long grain

—

—

1006 40 00

Broken rice

—

—

1007 00 90

Grain sorghum, other than hybrid for sowing

—

—

---

(1)  The rates set out in this Annex are not applicable to the goods listed in Tables I and II to Protocol No 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation or to the Principality of Liechtenstein.

(2)  As far as agricultural products obtained from the processing of a basic product or/and assimilated products are concerned, the coefficients set out in Annex V to Commission Regulation (EC) No 1043/2005 is applicable.

(3)  The goods concerned fall under CN code 3505 10 50.

(4)  Goods listed in Annex III to Regulation (EC) No 1784/2003 or referred to in Article 2 of Regulation (EEC) No 2825/93 (OJ L 258, 16.10.1993, p. 6).

(5)  For syrups of CN codes NC 1702 30 99, 1702 40 90 and 1702 60 90, obtained from mixing glucose and fructose syrup, the export refund relates only to the glucose syrup.

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/98 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/98

---

COMMISSION REGULATION (EC) No 1557/2007

of 20 December 2007

fixing the rates of refunds applicable to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the market in the sugar sector (1), and in particular Article 33(2)(a) and (4) thereof,

Whereas:

| (1) | Article 32(1) and (2) of Regulation (EC) No 318/2006 provides that the differences between the prices in international trade for the products listed in Article 1(1)(b), (c), (d) and (g) of that Regulation and prices within the Community may be covered by an export refund where these products are exported in the form of goods listed in Annex VII to that Regulation. |
| --- | --- |

(1)

Article 32(1) and (2) of Regulation (EC) No 318/2006 provides that the differences between the prices in international trade for the products listed in Article 1(1)(b), (c), (d) and (g) of that Regulation and prices within the Community may be covered by an export refund where these products are exported in the form of goods listed in Annex VII to that Regulation.

| (2) | Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex VII to Regulation (EC) No 318/2006. |
| --- | --- |

(2)

Commission Regulation (EC) No 1043/2005 of 30 June 2005 implementing Council Regulation (EC) No 3448/93 as regards the system of granting export refunds on certain agricultural products exported in the form of goods not covered by Annex I to the Treaty, and the criteria for fixing the amount of such refunds (2), specifies the products for which a rate of refund is to be fixed, to be applied where these products are exported in the form of goods listed in Annex VII to Regulation (EC) No 318/2006.

| (3) | In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month. |
| --- | --- |

(3)

In accordance with the first paragraph of Article 14 of Regulation (EC) No 1043/2005, the rate of the refund per 100 kilograms for each of the basic products in question is to be fixed each month.

| (4) | Article 32(4) of Regulation (EC) No 318/2006 lays down that the export refund for a product contained in goods may not exceed the refund applicable to that product when exported without further processing. |
| --- | --- |

(4)

Article 32(4) of Regulation (EC) No 318/2006 lays down that the export refund for a product contained in goods may not exceed the refund applicable to that product when exported without further processing.

| (5) | The refunds fixed under this Regulation may be fixed in advance as the market situation over the next few months cannot be established at the moment. |
| --- | --- |

(5)

The refunds fixed under this Regulation may be fixed in advance as the market situation over the next few months cannot be established at the moment.

| (6) | The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met. |
| --- | --- |

(6)

The commitments entered into with regard to refunds which may be granted for the export of agricultural products contained in goods not covered by Annex I to the Treaty may be jeopardised by the fixing in advance of high refund rates. It is therefore necessary to take precautionary measures in such situations without, however, preventing the conclusion of long-term contracts. The fixing of a specific refund rate for the advance fixing of refunds is a measure which enables these various objectives to be met.

| (7) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar, |
| --- | --- |

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The rates of the refunds applicable to the basic products listed in Annex I to Regulation (EC) No 1043/2005 and in Article 1(1) and in point (1) of Article 2 of Regulation (EC) No 318/2006, and exported in the form of goods listed in Annex VII to Regulation (EC) No 318/2006, shall be fixed as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 21 December 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 20 December 2007.

For the Commission

Heinz ZOUREK

Director-General Enterprise and Industry

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation as amended by Commission Regulation (EC) No 1585/2006 (OJ L 294, 25.10.2006, p. 19).

1

(2)  OJ L 172, 5.7.2005, p. 24. Regulation as last amended by Regulation (EC) No 447/2007 (OJ L 106, 24.4.2007, p. 31).

2

---

ANNEX

Rates of refunds applicable from 21 December 2007 to certain products from the sugar sector exported in the form of goods not covered by Annex I to the Treaty (1)

| CN code | Description | Rate of refund in EUR/100 kg |
| --- | --- | --- |
| In case of advance fixing of refunds | Other |
| 1701 99 10 | White sugar | 30,81 | 30,81 |

CN code

Description

Rate of refund in EUR/100 kg

In case of advance fixing of refunds

Other

1701 99 10

White sugar

30,81

30,81

---

(1)  The rates set out in this Annex are not applicable to exports to

| (a) | third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), Croatia, Bosnia-Herzegovina, Serbia (), Montenegro, Albania and the former Yugoslav Republic of Macedonia and to the goods listed in Tables I and II of Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation. |
| --- | --- |

(a)

third countries: Andorra, Liechtenstein, the Holy See (Vatican City State), Croatia, Bosnia-Herzegovina, Serbia (), Montenegro, Albania and the former Yugoslav Republic of Macedonia and to the goods listed in Tables I and II of Protocol 2 to the Agreement between the European Community and the Swiss Confederation of 22 July 1972 exported to the Swiss Confederation.

| (b) | territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control; |
| --- | --- |

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d’Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

| (c) | European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar |
| --- | --- |

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar

(2)  Including Kosovo, under the aegis of the United Nations, pursuant to UN Security Council Resolution 1244 of 10 June 1999.

---

DIRECTIVES

| 21.12.2007 | EN | Official Journal of the European Union | L 337/100 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/100

---

COMMISSION DIRECTIVE 2007/76/EC

of 20 December 2007

amending Council Directive 91/414/EEC to include fludioxonil, clomazone and prosulfocarb as active substances

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (1), and in particular Article 6(1) thereof,

Whereas:

| (1) | Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes fludioxonil, clomazone and prosulfocarb. |
| --- | --- |

(1)

Commission Regulations (EC) No 451/2000 (2) and (EC) No 1490/2002 (3) lay down the detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Directive 91/414/EEC and establish a list of active substances to be assessed, with a view to their possible inclusion in Annex I to Directive 91/414/EEC. That list includes fludioxonil, clomazone and prosulfocarb.

| (2) | For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 1490/2002 for a range of uses proposed by the notifiers. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 10(1) of Regulation (EC) No 1490/2002. For fludioxonil and clomazone the rapporteur Member State was Denmark and all relevant information was submitted on 5 April 2005 and 16 March 2005 respectively. For prosulfocarb the rapporteur Member State was Sweden and all relevant information was submitted on 20 April 2005. |
| --- | --- |

(2)

For those active substances the effects on human health and the environment have been assessed in accordance with the provisions laid down in Regulations (EC) No 451/2000 and (EC) No 1490/2002 for a range of uses proposed by the notifiers. Moreover, those Regulations designate the rapporteur Member States which have to submit the relevant assessment reports and recommendations to the European Food Safety Authority (EFSA) in accordance with Article 10(1) of Regulation (EC) No 1490/2002. For fludioxonil and clomazone the rapporteur Member State was Denmark and all relevant information was submitted on 5 April 2005 and 16 March 2005 respectively. For prosulfocarb the rapporteur Member State was Sweden and all relevant information was submitted on 20 April 2005.

| (3) | The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 27 July 2007 for fludioxonil, clomazone and prosulfocarb, in the format of the EFSA Scientific Reports (4). These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 9 October 2007 in the format of the Commission review reports for fludioxonil, clomazone and prosulfocarb. |
| --- | --- |

(3)

The assessment reports have been peer reviewed by the Member States and the EFSA and presented to the Commission on 27 July 2007 for fludioxonil, clomazone and prosulfocarb, in the format of the EFSA Scientific Reports (4). These reports have been reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 9 October 2007 in the format of the Commission review reports for fludioxonil, clomazone and prosulfocarb.

| (4) | It has appeared from the various examinations made that plant protection products containing fludioxonil, clomazone and prosulfocarb may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances can be granted in accordance with the provisions of that Directive. |
| --- | --- |

(4)

It has appeared from the various examinations made that plant protection products containing fludioxonil, clomazone and prosulfocarb may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review reports. It is therefore appropriate to include these active substances in Annex I, in order to ensure that in all Member States the authorisations of plant protection products containing these active substances can be granted in accordance with the provisions of that Directive.

| (5) | A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion. |
| --- | --- |

(5)

A reasonable period should be allowed to elapse before an active substance is included in Annex I in order to permit Member States and the interested parties to prepare themselves to meet the new requirements which will result from the inclusion.

| (6) | Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing fludioxonil, clomazone and prosulfocarb to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By way of derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC. |
| --- | --- |

(6)

Without prejudice to the obligations defined by Directive 91/414/EEC as a consequence of including an active substance in Annex I, Member States should be allowed a period of six months after inclusion to review existing authorisations of plant protection products containing fludioxonil, clomazone and prosulfocarb to ensure that the requirements laid down by Directive 91/414/EEC, in particular in its Article 13 and the relevant conditions set out in Annex I, are satisfied. Member States should vary, replace or withdraw, as appropriate, existing authorisations, in accordance with the provisions of Directive 91/414/EEC. By way of derogation from the above deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier of each plant protection product for each intended use in accordance with the uniform principles laid down in Directive 91/414/EEC.

| (7) | The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Regulation (EEC) No 3600/92 has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I. |
| --- | --- |

(7)

The experience gained from previous inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Regulation (EEC) No 3600/92 has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the directives which have been adopted until now amending Annex I.

| (8) | It is therefore appropriate to amend Directive 91/414/EEC accordingly. |
| --- | --- |

(8)

It is therefore appropriate to amend Directive 91/414/EEC accordingly.

| (9) | The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(9)

The measures provided for in this Directive are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Annex I to Directive 91/414/EEC is amended as set out in the Annex to this Directive.

Article 2

Member States shall adopt and publish by 30 April 2009 at the latest the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

They shall apply those provisions from 1 May 2009.

When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Article 3

1.   Member States shall in accordance with Directive 91/414/EEC, where necessary, amend or withdraw existing authorisations for plant protection products containing fludioxonil, clomazone and prosulfocarb as active substances by 30 April 2009.

By that date they shall in particular verify that the conditions in Annex I to that Directive relating to fludioxonil, clomazone and prosulfocarb are met, with the exception of those identified in part B of the entry concerning that active substance, and that the holder of the authorisation has, or has access to, a dossier satisfying the requirements of Annex II to that Directive in accordance with the conditions of Article 13 of that Directive.

2.   By way of derogation from paragraph 1, for each authorised plant protection product containing fludioxonil, clomazone and prosulfocarb as either the only active substance or as one of several active substances all of which were listed in Annex I to Directive 91/414/EEC by 31 October 2008 at the latest, Member States shall re-evaluate the product in accordance with the uniform principles provided for in Annex VI to Directive 91/414/EEC, on the basis of a dossier satisfying the requirements of Annex III to that Directive and taking into account part B of the entry in Annex I to that Directive concerning fludioxonil, clomazone and prosulfocarb respectively. On the basis of that evaluation, they shall determine whether the product satisfies the conditions set out in Article 4(1)(b), (c), (d) and (e) of Directive 91/414/EEC.

Following that determination Member States shall:

| (a) | in the case of a product containing fludioxonil, clomazone or prosulfocarb as the only active substance, where necessary, amend or withdraw the authorisation by 31 October 2012 at the latest; or |
| --- | --- |

(a)

in the case of a product containing fludioxonil, clomazone or prosulfocarb as the only active substance, where necessary, amend or withdraw the authorisation by 31 October 2012 at the latest; or

| (b) | in the case of a product containing fludioxonil, clomazone or prosulfocarb as one of several active substances, where necessary, amend or withdraw the authorisation by 31 October 2012 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest. |
| --- | --- |

(b)

in the case of a product containing fludioxonil, clomazone or prosulfocarb as one of several active substances, where necessary, amend or withdraw the authorisation by 31 October 2012 or by the date fixed for such an amendment or withdrawal in the respective Directive or Directives which added the relevant substance or substances to Annex I to Directive 91/414/EEC, whichever is the latest.

Article 4

This Directive shall enter into force on 1 November 2008.

Article 5

This Directive is addressed to the Member States.

Done at Brussels, 20 December 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2007/52/EC (OJ L 214, 17.8.2007, p. 3).

1

(2)  OJ L 55, 29.2.2000, p. 25. Regulation as last amended by Regulation (EC) No 1044/2003 (OJ L 151, 19.6.2003, p. 32).

2

(3)  OJ L 224, 21.8.2002, p. 23. Regulation as last amended by Regulation (EC) No 1095/2007 (OJ L 246, 21.9.2007, p. 19).

3

(4)  EFSA Scientific Report (2007) 110, 1-85, Conclusion regarding the peer review of the pesticide risk assessment of the active substance fludioxonil (finalised 27 July 2007).

4

EFSA Scientific Report (2007) 109, 1-73, Conclusion regarding the peer review of the pesticide risk assessment of the active substance clomazone (finalised 27 July 2007), version of 3 August 2007.

EFSA Scientific Report (2007) 111, 1-81, Conclusion regarding the peer review of the pesticide risk assessment of the active substance prosulfocarb (finalised 27 July 2007).

---

ANNEX

The following entry shall be added at the end of the table in Annex I to Directive 91/414/EC:

| No | Common name, identification numbers | IUPAC name | Purity (1) | Entry into force | Expiration of inclusion | Specific provisions |
| --- | --- | --- | --- | --- | --- | --- |
| ‘166 | Prosulfocarb
  CAS No 52888-80-9
  CIPAC No 539 | S-benzyl dipropyl(thiocarbamat) | 970 g/kg | 1 November 2008 | 31 October 2018 | PART A
  Only uses as herbicide may be authorised.
  PART B
  For the implementation of the uniform principles of Annex VI, the conclusions of the review report on prosulfocarb, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 9 October 2007 shall be taken into account.
  In this overall assessment Member States must pay particular attention to:






  — | the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment, |

No

Common name, identification numbers

IUPAC name

Purity (1)

Entry into force

Expiration of inclusion

Specific provisions

‘166

Prosulfocarb

CAS No 52888-80-9

CIPAC No 539

S-benzyl dipropyl(thiocarbamat)

970 g/kg

1 November 2008

31 October 2018

PART A

Only uses as herbicide may be authorised.

PART B

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on prosulfocarb, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 9 October 2007 shall be taken into account.

In this overall assessment Member States must pay particular attention to:

—

the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,

| — | the protection of aquatic organisms and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures such as buffer zone, |
| --- | --- |

—

the protection of aquatic organisms and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures such as buffer zone,

| — | the protection of non-target plants and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures such as an in-field no spray buffer zone. |
| --- | --- |

—

the protection of non-target plants and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures such as an in-field no spray buffer zone.

167

Fludioxonil

CAS No 131341-86-1

CIPAC No 522

4-(2,2-difluoro-1,3-benzodioxol-4-yl)-1H-pyrrole-3-carbonitrile

950 g/kg

1 November 2008

31 October 2018

PART A

Only uses as fungicide may be authorised.

PART B

In assessing applications to authorise plant protection products containing fludioxonil for uses other than seed treatment, Member States shall pay particular attention to the criteria in Article 4(1)(b), and shall ensure that any necessary data and information is provided before such an authorisation is granted and:

| — | must pay particular attention to the potential for groundwater contamination, in particular from the soil photolysis metabolites CGA 339833 and CGA 192155, in vulnerable zones, |
| --- | --- |

—

must pay particular attention to the potential for groundwater contamination, in particular from the soil photolysis metabolites CGA 339833 and CGA 192155, in vulnerable zones,

| — | must pay particular attention to the protection of fish and aquatic invertebrates. |
| --- | --- |

—

must pay particular attention to the protection of fish and aquatic invertebrates.

Conditions of authorisation should include risk mitigation measures, where appropriate.

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on fludioxonil, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 9 October 2007 shall be taken into account.

168

Clomazone

CAS No 81777-89-1

CIPAC No 509

2-(2-chlorobenzyl)-4,4-dimethyl-1,2-oxazolidin-3-one

960 g/kg

1 November 2008

31 October 2018

PART A

Only uses as herbicide may be authorised.

PART B

For the implementation of the uniform principles of Annex VI, the conclusions of the review report on clomazone, and in particular Appendices I and II thereof, as finalised in the Standing Committee on the Food Chain and Animal Health on 9 October 2007 shall be taken into account.

In this overall assessment Member States must pay particular attention to:

| — | the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment, |
| --- | --- |

—

the operator safety and ensure that conditions of use prescribe the application of adequate personal protective equipment,

| — | the protection of non-target plants and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures such as buffer zones.’ |
| --- | --- |

—

the protection of non-target plants and must ensure that the conditions of authorisation include, where appropriate, risk mitigation measures such as buffer zones.’

---

(1)  Further details on identity and specification of active substance are provided in the review report.

1

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Council

| 21.12.2007 | EN | Official Journal of the European Union | L 337/105 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/105

---

COUNCIL DECISION

of 17 December 2007

appointing the Chairperson of the Board of Appeal of the Community Plant Variety Office and his Alternate

(2007/858/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 47(1) thereof,

Having regard to the lists of candidates proposed by the Commission on 29 October 2007, after obtaining the opinion of the Administrative Council of the Community Plant Variety Office,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Paul A.C.E. VAN DER KOOIJ, born on 13 January 1956, is hereby appointed Chairperson of the Board of Appeal of the Community Plant Variety Office for a period of five years.

Mr Timothy MILLETT, born on 6 January 1951, is hereby appointed Alternate to the Chairperson of the Board of Appeal of the Community Plant Variety Office for a period of five years.

Their terms of office shall run from the date on which they take up their duties. That date shall be agreed with the President and the Administrative Council of the Office.

Article 2

This Decision shall take effect on the date of its adoption.

Article 3

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 17 December 2007.

For the Council

The President

J. SILVA

---

(1)  OJ L 227, 1.9.1994, p. 1. Regulation as last amended by Regulation (EC) No 873/2004 (OJ L 162, 30.4.2004, p. 38).

1

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/106 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/106

---

COUNCIL DECISION

of 22 October 2007

on the conclusion of the Protocol amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade

(2007/859/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133(3), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | On 10 April 2006 the Council authorised the Commission to open negotiations with a view to ensuring compatibility between the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade (1), hereinafter ‘Cooperation Agreement’, and Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2). |
| --- | --- |

(1)

On 10 April 2006 the Council authorised the Commission to open negotiations with a view to ensuring compatibility between the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade (1), hereinafter ‘Cooperation Agreement’, and Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (2).

| (2) | These negotiations aimed to amend Article 5 of the Cooperation Agreement in order to bring it into line with the provisions of Articles 308a to 308c of Regulation (EEC) No 2454/93 (management of tariff quotas designed to be used following the chronological order of dates of customs declarations) and of Articles 55 to 65 of that Regulation (specific provisions relating to certificates of origin for certain agricultural products subject to special import arrangements). |
| --- | --- |

(2)

These negotiations aimed to amend Article 5 of the Cooperation Agreement in order to bring it into line with the provisions of Articles 308a to 308c of Regulation (EEC) No 2454/93 (management of tariff quotas designed to be used following the chronological order of dates of customs declarations) and of Articles 55 to 65 of that Regulation (specific provisions relating to certificates of origin for certain agricultural products subject to special import arrangements).

| (3) | Negotiations have been conducted by the Commission within the negotiation mandate issued by the Council. |
| --- | --- |

(3)

Negotiations have been conducted by the Commission within the negotiation mandate issued by the Council.

| (4) | The Commission has reached Agreement in the form of Agreed Minutes with the Kingdom of Thailand, holding supplying interest in products of CN code 0714 10 10, 0714 10 91 and 0714 10 99. |
| --- | --- |

(4)

The Commission has reached Agreement in the form of Agreed Minutes with the Kingdom of Thailand, holding supplying interest in products of CN code 0714 10 10, 0714 10 91 and 0714 10 99.

| (5) | This Agreement in the form of Agreed Minutes should be approved by a Protocol, |
| --- | --- |

(5)

This Agreement in the form of Agreed Minutes should be approved by a Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

1.   The Protocol amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade, hereinafter ‘Protocol’, is hereby approved on behalf of the Community.

2.   The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered to sign the Protocol in order to bind the Community.

Article 3

To the extent necessary to permit the full application of the Protocol by 1 January 2008, the Commission shall adopt the detailed rules for implementing it in accordance with the procedure referred to in Article 4(2) of this Decision.

Article 4

1.   The Commission shall be assisted by the Management Committee for Cereals established by Article 25 of Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organization of the market on cereals (3).

2.   Where reference is made to this paragraph, Articles 4 and 7 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4) shall apply.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.

Article 5

This Decision shall be published in the Official Journal of the European Union.

Done at Luxembourg, 22 October 2007.

For the Council

The President

J. SILVA

---

(1)  OJ L 219, 28.7.1982, p. 53.

1

(2)  OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 214/2007 (OJ L 62, 1.3.2007, p. 6).

2

(3)  OJ L 270, 21.10.2003, p. 78. Regulation as last amended by Regulation (EC) No 735/2007 (OJ L 169, 29.6.2007, p. 6).

3

(4)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

4

---

PROTOCOL

amending the Cooperation Agreement between the European Economic Community and the Kingdom of Thailand on manioc production, marketing and trade

THE EUROPEAN COMMUNITY,

of the one part, and

THE GOVERNMENT OF THE KINGDOM OF THAILAND,

of the other part,

HAVING HELD at the request of the European Community negotiations with a view to amending Article 5 of the Cooperation Agreement on manioc production, marketing and trade, hereinafter referred to as ‘the Cooperation Agreement’, in order to bring it into line with the provisions of Articles 55 to 65 and 308a to 308c of Commission Regulation (EEC) No 2454/93,

AFFIRMING their willingness to maintain the Cooperation Agreement in force,

THE EUROPEAN COMMUNITY:

Álvaro MENDONÇA E MOURA,

Ambassador, Permanent Representative of the Portuguese Republic

THE GOVERNMENT OF THE KINGDOM OF THAILAND:

Pisan MANAWAPAT,

Ambassador, Head of the Mission of Thailand to the European Communities

HAVE AGREED AS FOLLOWS:

Article 1

Article 5 of the Cooperation Agreement is hereby replaced by the following:

‘Article 5

The tariff quota concerning the agreed export quantity shall be managed by the Community in accordance with the chronological order of dates of acceptance of declarations for release for free circulation (“first come first served” principle).

For its part, Thailand shall undertake to adopt all necessary provisions to issue certificates of origin to be used for the imports of manioc into the Community.

When necessary, the competent authorities of both parties shall exchange information necessary for monitoring and facilitating the implementation of this Agreement.’.

Article 2

This Protocol shall form an integral part of the Cooperation Agreement.

Article 3

This Protocol shall be approved by the Community and by the Kingdom of Thailand in accordance with their own procedures.

Article 4

This Protocol shall enter into force on 1 January 2008.

Article 5

This Protocol is drawn up in two copies in each of the official languages of the contracting parties, each of these texts being equally authentic.

Съставено в Брюксел на тридесет и първи октомври две хиляди и седма година.

Hecho en Bruselas, el treinta y uno de octubre de dos mil siete.

V Bruselu dne třicátého prvního řijna dva tisíce sedm.

Udfærdiget i Bruxelles den enogtredivte oktober to tusind og syv.

Geschehen zu Brüssel am einundreißigsten Oktober zweitausendsieben.

Kahe tuhande seitsmenda aasta oktoobrikuu kolmekümne esimesel päeval Brüsselis.

'Εγινε στις Βρυξέλλες, στις τριάντα μια Οκτωβρίου δύο χιλιάδες επτά.

Done at Brussels on the thirty-first day of October in the year two thousand and seven.

Fait à Bruxelles, le trente et un octobre deux mille sept.

Fatto a Bruxelles, addì trentuno ottobre duemilasette.

Briselē, divtūkstoš septītā gada trīsdesmit pirmajā oktobrī.

Priimta du tūkstančiai septintųjų metų spalio trisdešimt pirmą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-hetedik év október harmincegyedik napján.

Magħmul fi Brussell, fil-wiehed u tletin jum ta' Ottubru tas-sena elfejn u sebgħa.

Gedaan te Brussel, de eenendertigste oktober tweeduizend zeven.

Sporządzono w Brukseli, dnia trzydziestego pierwszego października roku dwa tysiące siódmego.

Feito em Bruxelas, em trinta e um de Outubro de dois mil e sete.

Întocmit la Bruxelles, la treizeci și unu octombrie două mii șapte.

V Bruseli tridsiateho prvého októbra dvetisícsedem.

V Bruslju, dne enaintridesetega oktobra leta dva tisoč sedem.

Tehty Brysselissä kolmantenakymmenentenäensimmäisenä päivänä lokakuuta vuonna kaksituhattaseitsemän.

Som skedde i Bryssel den trettioförsta oktober tjugohundrasju.

Image

За Европейската общност

Por la Comunidad Europea

Za Evropské společenství

For Det Europæiske Fællesskab

Für die Europäische Gemeinschaft

Euroopa Ühenduse nimel

Για την Ευρωπαϊκή Κοινότητα

For the European Community

Pour la Communauté européenne

Per la Comunità europea

Eiropas Kopienas vārdā

Europos bendrijos vardu

az Európai Közösség részéről

Għall-Komunità Ewropea

Voor de Europese Gemeenschap

W imieniu Wspólnoty Europejskiej

Pela Comunidade Europeia

Pentru Comunitatea Europeană

Za Európske spoločenstvo

za Evropsko skupnost

Euroopan yhteisön puolesta

På Europeiska gemenskapens vägnar

Image

Image

За Кралство Тайланд

Por el Reino de Tailandia

Za Thajské královstvi

På Kongeriget Thailands vegne

Für das Königreich Thailand

Tai Kuningriigi nimel

Για το Βασίλειο της Ταϊλάνδης

For the Kingdom of Thailand

Pour le Royaume de Thaïlande

Per il Regno di Tailandia

Taizemes Karalistes vārdā

Tailando Karalystės vardu

a Thaiföldi Királyság részéről

Għar-Renju tat-Tajlandja

Voor het Koninkrijk Thailand

W imieniu Królestwa Tajlandii

Pelo Reino da Tailândia

Pentru Regatul Thailandei

Za Thajské královstvo

Za Kraljevino Tajsko

Thaimaan kuningaskunnan puolesta

På Konungariket Thailands vägnar

Image

Image

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/111 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/111

---

COUNCIL DECISION

of 10 December 2007

providing Community macro-financial assistance to Lebanon

(2007/860/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

After consulting the Economic and Financial Committee,

Whereas:

| (1) | On 4 January 2007 the authorities of Lebanon adopted a comprehensive programme of socio-economic reforms, which simultaneously embraces fiscal, structural and social measures, setting medium-term priorities for government action. |
| --- | --- |

(1)

On 4 January 2007 the authorities of Lebanon adopted a comprehensive programme of socio-economic reforms, which simultaneously embraces fiscal, structural and social measures, setting medium-term priorities for government action.

| (2) | Lebanon, on the one hand, and the European Community and its Member States on the other hand, have signed an Association Agreement (1), which entered into force on 1 April 2006. |
| --- | --- |

(2)

Lebanon, on the one hand, and the European Community and its Member States on the other hand, have signed an Association Agreement (1), which entered into force on 1 April 2006.

| (3) | The authorities of Lebanon are committed to economic stabilisation and structural reforms, supported by the International Monetary Fund (IMF) through a programme under the Emergency Post-Conflict Arrangement (EPCA) which was approved on 9 April 2007. |
| --- | --- |

(3)

The authorities of Lebanon are committed to economic stabilisation and structural reforms, supported by the International Monetary Fund (IMF) through a programme under the Emergency Post-Conflict Arrangement (EPCA) which was approved on 9 April 2007.

| (4) | Relations between Lebanon and the European Union are developing within the framework of the European Neighbourhood Policy, which is expected to lead to deeper economic integration. The EU and Lebanon have agreed on a European Neighbourhood Policy Action Plan identifying medium-term priorities in EU-Lebanon relations and related policies. |
| --- | --- |

(4)

Relations between Lebanon and the European Union are developing within the framework of the European Neighbourhood Policy, which is expected to lead to deeper economic integration. The EU and Lebanon have agreed on a European Neighbourhood Policy Action Plan identifying medium-term priorities in EU-Lebanon relations and related policies.

| (5) | Lebanon faces substantial financing needs arising from the mounting financial constraints of the public sector, including a high level of public debt, aggravated by the July-August 2006 military conflict and a projected deterioration of the balance of payments in 2007. |
| --- | --- |

(5)

Lebanon faces substantial financing needs arising from the mounting financial constraints of the public sector, including a high level of public debt, aggravated by the July-August 2006 military conflict and a projected deterioration of the balance of payments in 2007.

| (6) | The Lebanese authorities have requested financial assistance on a concessional basis from the International Financial Institutions, the Community and other bilateral donors. Over and above the financing from the IMF and the World Bank, a substantial residual financing gap remains to be covered to relieve the country’s balance of payments, public finances and public debt and support the policy objectives attached to the authorities’ reform efforts. |
| --- | --- |

(6)

The Lebanese authorities have requested financial assistance on a concessional basis from the International Financial Institutions, the Community and other bilateral donors. Over and above the financing from the IMF and the World Bank, a substantial residual financing gap remains to be covered to relieve the country’s balance of payments, public finances and public debt and support the policy objectives attached to the authorities’ reform efforts.

| (7) | Lebanon is one of the most indebted countries in the world facing a heavy debt overhang. In these circumstances, the Community assistance to Lebanon should be made available in the form of a combination of a grant and loan, as an appropriate measure to help the beneficiary country at this critical juncture. |
| --- | --- |

(7)

Lebanon is one of the most indebted countries in the world facing a heavy debt overhang. In these circumstances, the Community assistance to Lebanon should be made available in the form of a combination of a grant and loan, as an appropriate measure to help the beneficiary country at this critical juncture.

| (8) | In order to ensure efficient protection of the Community’s financial interests linked to the present financial assistance, it is necessary to provide for appropriate measures by Lebanon related to the prevention of, and to the fight against, fraud, corruption and any other irregularities linked to this assistance, as well as for controls by the Commission and audits by the Court of Auditors. |
| --- | --- |

(8)

In order to ensure efficient protection of the Community’s financial interests linked to the present financial assistance, it is necessary to provide for appropriate measures by Lebanon related to the prevention of, and to the fight against, fraud, corruption and any other irregularities linked to this assistance, as well as for controls by the Commission and audits by the Court of Auditors.

| (9) | The release of the Community financial assistance is without prejudice to the powers of the budgetary authority. |
| --- | --- |

(9)

The release of the Community financial assistance is without prejudice to the powers of the budgetary authority.

| (10) | This assistance should be managed by the Commission in consultation with the Economic and Financial Committee, |
| --- | --- |

(10)

This assistance should be managed by the Commission in consultation with the Economic and Financial Committee,

HAS DECIDED AS FOLLOWS:

Article 1

1.   The Community shall make available to Lebanon financial assistance amounting to a maximum of EUR 80 million, with a view to supporting Lebanon’s domestic efforts of post-war reconstruction and sustainable economic recovery, and in this way, alleviating the financial constraints on the implementation of the government’s economic programme.

Given Lebanon’s high level of indebtedness the Community financial assistance shall consist of EUR 50 million in loans and up to EUR 30 million in grants.

2.   The Community financial assistance shall be managed by the Commission in consultation with the Economic and Financial Committee and in a manner consistent with the agreements or understandings reached between the IMF and Lebanon.

3.   The Community financial assistance shall be made available for two years starting from the first day after the date on which this Decision takes effect. However, if circumstances so require, the Commission, after consultation of the Economic and Financial Committee, may decide to extend the availability period by a maximum of one year.

Article 2

1.   The Commission is hereby empowered to agree with the authorities of Lebanon, after consulting the Economic and Financial Committee, the economic policy and financial conditions attached to the Community financial assistance, to be laid down in a Memorandum of Understanding and a Grant and a Loan Agreements. These conditions shall be consistent with the agreements or understandings referred to in Article 1(2).

2.   During the implementation of the Community financial assistance, the Commission shall monitor the soundness of Lebanon’s financial arrangements, administrative procedures, internal and external control mechanisms which are relevant to such assistance.

3.   The Commission shall verify at regular intervals that economic policy in Lebanon is in accordance with the objectives of the Community financial assistance and that the agreed economic policy and financial conditions are being satisfactorily fulfilled. In doing so, the Commission shall coordinate closely with the Bretton Woods Institutions, and, when required, with the Economic and Financial Committee.

Article 3

1.   The Community financial assistance shall be made available by the Commission to Lebanon in a maximum of three instalments.

2.   The disbursement of each instalment shall be released on the basis of a satisfactory implementation of the economic programme supported by the IMF.

3.   In addition, the second and third instalments shall be released on the basis of a satisfactory implementation of the economic programme supported by the IMF and of the EU-Lebanon European Neighbourhood Policy Action Plan and any other measures agreed with the Commission as set out in Article 2(1), and not before one quarter after the release of the previous instalment.

4.   The funds shall be paid to the Banque du Liban exclusively in support of Lebanon’s financing needs.

Article 4

The Community financial assistance shall be implemented in accordance with the provisions of Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and its implementing rules. In particular, the Memorandum of Understanding and the Grant/Loan Agreements with the authorities of Lebanon shall provide for appropriate measures by Lebanon related to the prevention of, and the fight against, fraud, corruption and other irregularities affecting the assistance. They shall also provide for controls by the Commission, including the European Anti-Fraud Office, with the right to perform on-the-spot checks and inspections, and for audits by the Court of Auditors, where appropriate, to be carried out on the spot.

Article 5

By 31 August of each year the Commission shall submit to the European Parliament and to the Council a report, including an evaluation of the implementation of this Decision in the preceding year. The report shall indicate the connection between the policy conditions set out in Article 2(1), Lebanon’s ongoing economic and fiscal performance, and the Commission’s decision to release the instalments of the assistance.

Article 6

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Brussels, 10 December 2007.

For the Council

The President

L. AMADO

---

(1)  OJ L 143, 30.5.2006, p. 2.

1

(2)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

2

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/113 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/113

---

COUNCIL DECISION

of 10 December 2007

on the signing and provisional application of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products

(2007/861/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with Article 300(2), first sentence thereof,

Having regard to the proposal from the Commission,

Whereas:

| (1) | The Commission has negotiated on behalf of the Community an Agreement in the form of an Exchange of Letters to extend for one year the existing Agreement and Protocols on trade in textile products with the Republic of Belarus, with some adjustments of the quantitative limits. |
| --- | --- |

(1)

The Commission has negotiated on behalf of the Community an Agreement in the form of an Exchange of Letters to extend for one year the existing Agreement and Protocols on trade in textile products with the Republic of Belarus, with some adjustments of the quantitative limits.

| (2) | The Agreement in the form of an Exchange of Letters should be applied on a provisional basis as of 1 January 2008, pending the completion of procedures required for its conclusion, subject to reciprocal provisional application by the Republic of Belarus. |
| --- | --- |

(2)

The Agreement in the form of an Exchange of Letters should be applied on a provisional basis as of 1 January 2008, pending the completion of procedures required for its conclusion, subject to reciprocal provisional application by the Republic of Belarus.

| (3) | The Agreement in the form of an Exchange of Letters should be signed on behalf of the Community, |
| --- | --- |

(3)

The Agreement in the form of an Exchange of Letters should be signed on behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

Subject to its possible conclusion at a later date, the President of the Council is hereby authorised to designate the person(s) empowered to sign on behalf of the Community the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products.

Article 2

Subject to reciprocity, the Agreement in the form of an Exchange of Letters shall be applied on a provisional basis from 1 January 2008, pending its formal conclusion.

The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.

Article 3

1.   If the Republic of Belarus fails to respect paragraph 2.4 of the Agreement in the form of an Exchange of Letters, the quota for 2008 will be reduced to the levels applicable in 2007.

2.   The decision to implement paragraph 1 shall be taken in accordance with the procedures referred to in Article 17 of Council Regulation (EEC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries (1).

Article 4

This Decision shall be published in the Official Journal of the European Union.

It shall enter into force on the day following its publication in the Official Journal of the European Union.

Done at Brussels, 10 December 2007.

For the Council

The President

L. AMADO

---

(1)  OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 1217/2007 (OJ L 275, 19.10.2007, p. 16).

1

---

AGREEMENT

in the form of an Exchange of Letters between the European Community and the Republic of Belarus amending the Agreement between the European Community and the Republic of Belarus on trade in textile products

Sir,

1.   I have the honour to refer to the Agreement between the European Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 27 October 2006 (hereafter referred to as the Agreement).

2.   In view of the expiry of the Agreement on 31 December 2007 and in accordance with Article 19(1) of the Agreement, the European Community and the Republic of Belarus agree to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

| 2.1. | The text of Article 19(1) of the Agreement shall read as follows:
  ‘This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 2008.’ |
| --- | --- |

2.1.

The text of Article 19(1) of the Agreement shall read as follows:

‘This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 2008.’

| 2.2. | Annex II which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community shall be replaced by Appendix 1 to this Letter. |
| --- | --- |

2.2.

Annex II which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community shall be replaced by Appendix 1 to this Letter.

| 2.3. | The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus shall be replaced for the period of 1 January 2008 to 31 December 2008 by Appendix 2 to this letter. |
| --- | --- |

2.3.

The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus shall be replaced for the period of 1 January 2008 to 31 December 2008 by Appendix 2 to this letter.

| 2.4. | Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2008 to custom duties not exceeding those provided for 2003 in Appendix 4 of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus initialled on 11 November 1999.
  In the case of non-application of these rates the Community will have the right to reintroduce for the period of the Agreement remaining unexpired on a pro rata basis the levels for quantitative restrictions applicable for 2007 as specified in the Exchange of Letters initialled on 27 October 2006. |
| --- | --- |

2.4.

Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2008 to custom duties not exceeding those provided for 2003 in Appendix 4 of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus initialled on 11 November 1999.

In the case of non-application of these rates the Community will have the right to reintroduce for the period of the Agreement remaining unexpired on a pro rata basis the levels for quantitative restrictions applicable for 2007 as specified in the Exchange of Letters initialled on 27 October 2006.

3.   The European Community and Belarus recall their agreement to enter into consultations not later than six months before the expiration of the present Agreement with a view to possibly concluding a new agreement.

4.   Should the Republic of Belarus become a Member of the World Trade Organisation (WTO) before the date of the expiry of the Agreement, the agreements and rules of the WTO shall be applied from the date of the Republic of Belarus' accession to the WTO.

5.   I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing. Should this be the case, this Agreement in the form of an Exchange of Letters shall enter into force on the first day of the month following the day on which the Parties have notified each other that the legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2008 on the condition of reciprocity.

Please accept, Sir, the assurance of my highest consideration.

For the European Community

Appendix 1

‘ANNEX II

| Belarus | Category | Unit | Quota as from 1 January 2008 |
| --- | --- | --- | --- |
| Group IA | 1 | tonnes | 1 586 |
| 2 | tonnes | 7 307 |
| 3 | tonnes | 242 |
| Group IB | 4 | T pieces | 1 839 |
| 5 | T pieces | 1 105 |
| 6 | T pieces | 1 705 |
| 7 | T pieces | 1 377 |
| 8 | T pieces | 1 160 |
| Group IIA | 9 | tonnes | 363 |
| 20 | tonnes | 329 |
| 22 | tonnes | 524 |
| 23 | tonnes | 255 |
| 39 | tonnes | 241 |
| Group IIB | 12 | T pairs | 5 959 |
| 13 | T pieces | 2 651 |
| 15 | T pieces | 1 726 |
| 16 | T pieces | 186 |
| 21 | T pieces | 930 |
| 24 | T pieces | 844 |
| 26/27 | T pieces | 1 117 |
| 29 | T pieces | 468 |
| 73 | T pieces | 329 |
| 83 | tonnes | 184 |
| Group IIIA | 33 | tonnes | 387 |
| 36 | tonnes | 1 312 |
| 37 | tonnes | 463 |
| 50 | tonnes | 207 |
| Group IIIB | 67 | tonnes | 359 |
| 74 | T pieces | 377 |
| 90 | tonnes | 208 |
| Group IV | 115 | tonnes | 322 |
| 117 | tonnes | 2 543 |
| 118 | tonnes | 471 |
| T pieces: thousand of pieces’ |

Belarus

Category

Unit

Quota as from 1 January 2008

Group IA

1

tonnes

1 586

2

tonnes

7 307

3

tonnes

242

Group IB

4

T pieces

1 839

5

T pieces

1 105

6

T pieces

1 705

7

T pieces

1 377

8

T pieces

1 160

Group IIA

9

tonnes

363

20

tonnes

329

22

tonnes

524

23

tonnes

255

39

tonnes

241

Group IIB

12

T pairs

5 959

13

T pieces

2 651

15

T pieces

1 726

16

T pieces

186

21

T pieces

930

24

T pieces

844

26/27

T pieces

1 117

29

T pieces

468

73

T pieces

329

83

tonnes

184

Group IIIA

33

tonnes

387

36

tonnes

1 312

37

tonnes

463

50

tonnes

207

Group IIIB

67

tonnes

359

74

T pieces

377

90

tonnes

208

Group IV

115

tonnes

322

117

tonnes

2 543

118

tonnes

471

T pieces: thousand of pieces’

Appendix 2

‘ANNEX TO PROTOCOL C

| Category | Unit | As from 1 January 2008 |
| --- | --- | --- |
| 4 | 1 000 pieces | 6 190 |
| 5 | 1 000 pieces | 8 628 |
| 6 | 1 000 pieces | 11 508 |
| 7 | 1 000 pieces | 8 638 |
| 8 | 1 000 pieces | 2 941 |
| 12 | 1 000 pieces | 5 815 |
| 13 | 1 000 pieces | 911 |
| 15 | 1 000 pieces | 5 044 |
| 16 | 1 000 pieces | 1 027 |
| 21 | 1 000 pieces | 3 356 |
| 24 | 1 000 pieces | 864 |
| 26/27 | 1 000 pieces | 4 206 |
| 29 | 1 000 pieces | 1 705 |
| 73 | 1 000 pieces | 6 535 |
| 83 | Tonnes | 868 |
| 74 | 1 000 pieces | 1 140’ |

Category

Unit

As from 1 January 2008

4

1 000 pieces

6 190

5

1 000 pieces

8 628

6

1 000 pieces

11 508

7

1 000 pieces

8 638

8

1 000 pieces

2 941

12

1 000 pieces

5 815

13

1 000 pieces

911

15

1 000 pieces

5 044

16

1 000 pieces

1 027

21

1 000 pieces

3 356

24

1 000 pieces

864

26/27

1 000 pieces

4 206

29

1 000 pieces

1 705

73

1 000 pieces

6 535

83

Tonnes

868

74

1 000 pieces

1 140’

Sir,

I have the honour to acknowledge receipt of your letter of ... which reads as follows:

‘Sir,

1.   I have the honour to refer to the Agreement between the European Community and the Republic of Belarus on trade in textile products initialled on 1 April 1993, as last amended and extended by the Agreement in the form of an Exchange of Letters initialled on 27 October 2006 (hereafter referred to as the Agreement).

2.   In view of the expiry of the Agreement on 31 December 2007 and in accordance with Article 19(1) of the Agreement, the European Community and the Republic of Belarus agree to extend the duration of the Agreement, for a further period of one year, subject to the following amendments and conditions:

| 2.1. | The text of Article 19(1) of the Agreement shall read as follows:
  “This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 2008.” |
| --- | --- |

2.1.

The text of Article 19(1) of the Agreement shall read as follows:

“This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for that purpose. It shall be applicable until 31 December 2008.”

| 2.2. | Annex II which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community shall be replaced by Appendix 1 to this Letter. |
| --- | --- |

2.2.

Annex II which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community shall be replaced by Appendix 1 to this Letter.

| 2.3. | The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus shall be replaced for the period of 1 January 2008 to 31 December 2008 by Appendix 2 to this letter. |
| --- | --- |

2.3.

The Annex to Protocol C which sets out the quantitative restrictions for exports from the Republic of Belarus to the European Community after OPT operations in the Republic of Belarus shall be replaced for the period of 1 January 2008 to 31 December 2008 by Appendix 2 to this letter.

| 2.4. | Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2008 to custom duties not exceeding those provided for 2003 in Appendix 4 of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus initialled on 11 November 1999.
  In the case of non-application of these rates the Community will have the right to reintroduce for the period of the Agreement remaining unexpired on a pro rata basis the levels for quantitative restrictions applicable for 2007 as specified in the Exchange of Letters initialled on 27 October 2006. |
| --- | --- |

2.4.

Imports into Belarus of textile and clothing products of European Community origin shall be subject in 2008 to custom duties not exceeding those provided for 2003 in Appendix 4 of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Belarus initialled on 11 November 1999.

In the case of non-application of these rates the Community will have the right to reintroduce for the period of the Agreement remaining unexpired on a pro rata basis the levels for quantitative restrictions applicable for 2007 as specified in the Exchange of Letters initialled on 27 October 2006.

3.   The European Community and Belarus recall their agreement to enter into consultations not later than six months before the expiration of the present Agreement with a view to possibly concluding a new agreement.

4.   Should the Republic of Belarus become a Member of the World Trade Organisation (WTO) before the date of the expiry of the Agreement, the agreements and rules of the WTO shall be applied from the date of the Republic of Belarus' accession to the WTO.

5.   I should be obliged if you could kindly confirm the acceptance of your Government of the foregoing. Should this be the case, this Agreement in the form of an Exchange of Letters shall enter into force on the first day of the month following the day on which the Parties have notified each other that the legal procedures necessary to this end have been completed. In the meantime, it shall be applied provisionally from 1 January 2008 on the condition of reciprocity.

Please accept, Sir, the assurance of my highest consideration.’

I have the honour to confirm that my Government is in agreement with the content of your letter.

Please accept, Sir, the assurance of my highest consideration.

For the Government of the Republic of Belarus

---

Commission

| 21.12.2007 | EN | Official Journal of the European Union | L 337/119 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/119

---

COMMISSION DECISION

of 13 December 2007

amending Decision 2006/805/EC as regards animal health control measures relating to classical swine fever in Hungary and Slovakia

(notified under document number C(2007) 6158)

(Text with EEA relevance)

(2007/862/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), and in particular Article 10(4) thereof,

Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to completion of the internal market (2), and in particular Article 9(4) thereof,

Whereas:

| (1) | Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States (3) was adopted in response to outbreaks of classical swine fever in certain Member States. That Decision establishes certain disease control measures concerning classical swine fever in those Member States. |
| --- | --- |

(1)

Commission Decision 2006/805/EC of 24 November 2006 concerning animal health control measures relating to classical swine fever in certain Member States (3) was adopted in response to outbreaks of classical swine fever in certain Member States. That Decision establishes certain disease control measures concerning classical swine fever in those Member States.

| (2) | Slovakia has informed the Commission about the recent evolution of that disease in feral pigs and the presence of that disease in the district of Nové Zámky, bordered by the districts Komárno and Levice in Slovakia and the county of Pest in Hungary. In the light of the epidemiological information available, the areas in Slovakia and Hungary where control measures relating to classical swine fever apply should be amended to include parts of those districts. |
| --- | --- |

(2)

Slovakia has informed the Commission about the recent evolution of that disease in feral pigs and the presence of that disease in the district of Nové Zámky, bordered by the districts Komárno and Levice in Slovakia and the county of Pest in Hungary. In the light of the epidemiological information available, the areas in Slovakia and Hungary where control measures relating to classical swine fever apply should be amended to include parts of those districts.

| (3) | The disease situation in Slovakia has significantly improved in the District Veterinary and Food Administrations of Trenčín (comprising Trenčín and Bánovce nad Bebravou districts), Prievidza (comprising Prievidza and Partizánske districts) and Púchov (comprising Ilava district only). The measures provided for in Decision 2006/805/EC concerning those areas should therefore no longer apply. |
| --- | --- |

(3)

The disease situation in Slovakia has significantly improved in the District Veterinary and Food Administrations of Trenčín (comprising Trenčín and Bánovce nad Bebravou districts), Prievidza (comprising Prievidza and Partizánske districts) and Púchov (comprising Ilava district only). The measures provided for in Decision 2006/805/EC concerning those areas should therefore no longer apply.

| (4) | For the sake of transparency of Community legislation, the list of the Member States concerned or the regions thereof as set out in the Annex to Decision 2006/805/EC should be replaced by the text in the Annex to this Decision. |
| --- | --- |

(4)

For the sake of transparency of Community legislation, the list of the Member States concerned or the regions thereof as set out in the Annex to Decision 2006/805/EC should be replaced by the text in the Annex to this Decision.

| (5) | Decision 2006/805/EC should therefore be amended accordingly. |
| --- | --- |

(5)

Decision 2006/805/EC should therefore be amended accordingly.

| (6) | The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 2006/805/EC is replaced by the text in the Annex to this Decision.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 13 December 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

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(1)  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

1

(2)  OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33); corrected version in OJ L 195, 2.6.2004, p. 12.

2

(3)  OJ L 329, 25.11.2006, p. 67. Decision as last amended by Decision 2007/631/EC (OJ L 255, 29.9.2007, p. 45).

3

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ANNEX

‘ANNEX

PART I

1.   Germany

A.   Rhineland-Palatinate

| (a) | in the Kreis Ahrweiler: the municipalities of Adenau and Altenahr; |
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(a)

in the Kreis Ahrweiler: the municipalities of Adenau and Altenahr;

| (b) | in the Kreis Daun: the municipalities of Obere Kyll and Hillesheim; in the municipality of Daun the localities of Betteldorf, Dockweiler, Dreis-Brück, Hinterweiler and Kirchweiler; in the municipality of Kelberg the localities of Beinhausen, Bereborn, Bodenbach, Bongard, Borler, Boxberg, Brücktal, Drees, Gelenberg, Kelberg, Kirsbach, Mannebach, Neichen, Nitz, Reimerath and Welcherath; in the municipality of Gerolstein the localities of Berlingen, Duppach, Hohenfels-Essingen, Kalenborn-Scheuern, Neroth, Pelm and Rockeskyll and the town of Gerolstein; |
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(b)

in the Kreis Daun: the municipalities of Obere Kyll and Hillesheim; in the municipality of Daun the localities of Betteldorf, Dockweiler, Dreis-Brück, Hinterweiler and Kirchweiler; in the municipality of Kelberg the localities of Beinhausen, Bereborn, Bodenbach, Bongard, Borler, Boxberg, Brücktal, Drees, Gelenberg, Kelberg, Kirsbach, Mannebach, Neichen, Nitz, Reimerath and Welcherath; in the municipality of Gerolstein the localities of Berlingen, Duppach, Hohenfels-Essingen, Kalenborn-Scheuern, Neroth, Pelm and Rockeskyll and the town of Gerolstein;

| (c) | in the Kreis Bitburg-Prüm: in the municipality of Prüm the localities of Büdesheim, Kleinlangenfeld, Neuendorf, Olzheim, Roth bei Prüm, Schwirzheim and Weinsheim. |
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(c)

in the Kreis Bitburg-Prüm: in the municipality of Prüm the localities of Büdesheim, Kleinlangenfeld, Neuendorf, Olzheim, Roth bei Prüm, Schwirzheim and Weinsheim.

B.   North Rhine-Westfalia

| (a) | in the Kreis Euskirchen: the towns of Bad Münstereifel, Mechernich and Schleiden, the localities of Billig, Euenheim, Euskirchen, Flamersheim, Kirchheim, Kuchenheim, Kreuzweingarten, Niederkastenholz, Palmersheim, Rheder, Roitzheim, Schweinheim, Stotzheim, Wißkirchen (in the town of Euskirchen), and the municipalities of Blankenheim, Dahlem, Hellenthal, Kall and Nettersheim; |
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(a)

in the Kreis Euskirchen: the towns of Bad Münstereifel, Mechernich and Schleiden, the localities of Billig, Euenheim, Euskirchen, Flamersheim, Kirchheim, Kuchenheim, Kreuzweingarten, Niederkastenholz, Palmersheim, Rheder, Roitzheim, Schweinheim, Stotzheim, Wißkirchen (in the town of Euskirchen), and the municipalities of Blankenheim, Dahlem, Hellenthal, Kall and Nettersheim;

| (b) | in the Kreis Rhein-Sieg: the towns of Meckenheim and Rheinbach, the municipality of Wachtberg, the localities of Witterschlick, Volmershofen, Heidgen (in the municipality of Alfter) and the localities of Buschhoven, Morenhoven, Miel and Odendorf (in the municipality of Swisttal); |
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(b)

in the Kreis Rhein-Sieg: the towns of Meckenheim and Rheinbach, the municipality of Wachtberg, the localities of Witterschlick, Volmershofen, Heidgen (in the municipality of Alfter) and the localities of Buschhoven, Morenhoven, Miel and Odendorf (in the municipality of Swisttal);

| (c) | the city of Aachen: south of the motorways A4, A544 and the Bundesstrasse B1; |
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(c)

the city of Aachen: south of the motorways A4, A544 and the Bundesstrasse B1;

| (d) | the city of Bonn: south of the Bundesstrasse 56 and the motorway A 565 (Bonn-Endenich to Bonn-Poppelsdorf) and southwest of the Bundesstrasse 9; |
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(d)

the city of Bonn: south of the Bundesstrasse 56 and the motorway A 565 (Bonn-Endenich to Bonn-Poppelsdorf) and southwest of the Bundesstrasse 9;

| (e) | in the Kreis Aachen: the towns of Monschau and Stolberg, and the municipalities of Simmerath and Roetgen; |
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(e)

in the Kreis Aachen: the towns of Monschau and Stolberg, and the municipalities of Simmerath and Roetgen;

| (f) | in the Kreis Düren: the towns of Heimbach and Nideggen, and the municipalities of Hürtgenwald and Langerwehe. |
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(f)

in the Kreis Düren: the towns of Heimbach and Nideggen, and the municipalities of Hürtgenwald and Langerwehe.

2.   France

The territory of the Departments of Bas-Rhin and Moselle located west of the Rhine and the Marne-Rhine Canal, north of the motorway A 4, east of the Saar and south of the border with Germany and the municipalities of Holtzheim, Lingolsheim and Eckbolsheim.

PART II

1.   Hungary

The territory of the county of Nógrád and the territory of the county of Pest located north and east of the Danube, south of the border with Slovakia, west of the border with the county of Nógrád and north of the motorway E 71.

2.   Slovakia

The territory of the District Veterinary and Food Administrations (DVFA) of Žiar nad Hronom (comprising Žiar nad Hronom, Žarnovica and Banská Štiavnica districts), Zvolen (comprising Zvolen, Krupina and Detva districts), Lučenec (comprising Lučenec and Poltár districts), Veľký Krtíš (comprising Veľký Krtíš district), Komárno (comprising the territory located east of motorway 64, north of the border with Hungary and west of Nové Zámky district), Nové Zámky (comprising the territory located east of Komárno district and east of motorway 64, south of motorway 75 and north of the border with Hungary) and Levice (comprising the territory located east of Nové Zámky district and east of motorway 66 (E77), south of motorway 75, north of the border with Hungary and west of Veľký Krtíš district).

PART III

1.   Bulgaria:

The whole territory of Bulgaria.’

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| 21.12.2007 | EN | Official Journal of the European Union | L 337/122 |
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21.12.2007

EN

Official Journal of the European Union

L 337/122

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COMMISSION DECISION

of 14 December 2007

granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources

(notified under document number C(2007) 6281)

(Only the English version is authentic)

(2007/863/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (1), and in particular the third subparagraph of paragraph 2 of Annex III thereto,

Whereas:

| (1) | If the amount of manure that a Member State intends to apply per hectare each year is different from the one specified in the first sentence of the second subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC and in point (a) thereof, that amount has to be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of that Directive and has to be justified on the basis of objective criteria, such as, in the present case, long growing seasons and crops with high nitrogen uptake. |
| --- | --- |

(1)

If the amount of manure that a Member State intends to apply per hectare each year is different from the one specified in the first sentence of the second subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC and in point (a) thereof, that amount has to be fixed so as not to prejudice the achievement of the objectives specified in Article 1 of that Directive and has to be justified on the basis of objective criteria, such as, in the present case, long growing seasons and crops with high nitrogen uptake.

| (2) | On 10 August 2007, the United Kingdom submitted to the Commission a request for a derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC with regard to Northern Ireland. |
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(2)

On 10 August 2007, the United Kingdom submitted to the Commission a request for a derogation under the third subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC with regard to Northern Ireland.

| (3) | The requested derogation concerns the intention of the United Kingdom to allow the application in Northern Ireland of up to 250 kg nitrogen per hectare per year from livestock manure in grassland farms. Approximately 732 holdings in Northern Ireland corresponding to 2,7 % of total farms, 4 % of the Utilized Agricultural Land and 5 % of the Livestock Unit are potentially encompassed by the derogation. |
| --- | --- |

(3)

The requested derogation concerns the intention of the United Kingdom to allow the application in Northern Ireland of up to 250 kg nitrogen per hectare per year from livestock manure in grassland farms. Approximately 732 holdings in Northern Ireland corresponding to 2,7 % of total farms, 4 % of the Utilized Agricultural Land and 5 % of the Livestock Unit are potentially encompassed by the derogation.

| (4) | The legislation implementing Directive 91/676/EEC, the Nitrates Action Programme Regulations (Northern Ireland) 2006 (Regulations 2006 No 489), has been adopted and applies equally to the requested derogation. |
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(4)

The legislation implementing Directive 91/676/EEC, the Nitrates Action Programme Regulations (Northern Ireland) 2006 (Regulations 2006 No 489), has been adopted and applies equally to the requested derogation.

| (5) | The Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006 set out measures governing land application of phosphate fertilisers in order to prevent water pollution. The regulations prohibit the application of chemical fertilisers unless it is demonstrated that the amount is not in excess of crop requirement, requiring, inter alia, the assessment of soil fertility status through chemical analysis. |
| --- | --- |

(5)

The Phosphorus (Use in Agriculture) Regulations (Northern Ireland) 2006 set out measures governing land application of phosphate fertilisers in order to prevent water pollution. The regulations prohibit the application of chemical fertilisers unless it is demonstrated that the amount is not in excess of crop requirement, requiring, inter alia, the assessment of soil fertility status through chemical analysis.

| (6) | Water quality data submitted show that low nitrate concentrations are a common feature of water bodies in Northern Ireland. In 2005 the average nitrate concentration in groundwater was below 20 mg/l nitrates in 71 % of the monitoring sites and concentrations greater than 50 mg/l nitrates were recorded in no more than 7 % of the sampling points. Data on water quality in rivers showed that in 2005 the mean nitrate concentration was below 20 mg/l in 99 % of sampling points and no monitoring station exceeded 50 mg/l nitrates. All large lakes had an average concentration of less than 10 mg/l nitrates. |
| --- | --- |

(6)

Water quality data submitted show that low nitrate concentrations are a common feature of water bodies in Northern Ireland. In 2005 the average nitrate concentration in groundwater was below 20 mg/l nitrates in 71 % of the monitoring sites and concentrations greater than 50 mg/l nitrates were recorded in no more than 7 % of the sampling points. Data on water quality in rivers showed that in 2005 the mean nitrate concentration was below 20 mg/l in 99 % of sampling points and no monitoring station exceeded 50 mg/l nitrates. All large lakes had an average concentration of less than 10 mg/l nitrates.

| (7) | According to the third report on implementation of the Nitrates Directive 72 % of groundwater monitoring sites showed stable or decreasing trends in nitrates concentration in the period 1999-2003; nitrate concentration in surface water was stable or declining in 87 % of surface water monitoring stations in the same period. |
| --- | --- |

(7)

According to the third report on implementation of the Nitrates Directive 72 % of groundwater monitoring sites showed stable or decreasing trends in nitrates concentration in the period 1999-2003; nitrate concentration in surface water was stable or declining in 87 % of surface water monitoring stations in the same period.

| (8) | In conformity with paragraph 5 of Article 3 of Directive 91/676/EEC, the Nitrates Action Programme Regulations (Northern Ireland) 2006 applies throughout the whole Northern Irish territory. |
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(8)

In conformity with paragraph 5 of Article 3 of Directive 91/676/EEC, the Nitrates Action Programme Regulations (Northern Ireland) 2006 applies throughout the whole Northern Irish territory.

| (9) | The number of livestock and the utilisation of chemical fertilisers decreased in the last decade. Cattle, pig and sheep number decreased respectively by 2 %, 36 % and 22 % in the period 1995-2005. Chemical nitrogen fertiliser use decreased by 41 % in the period 1995 to 2005 and the application rate for 2005 was 89 kg per hectare nitrogen, phosphate fertiliser use declined by 49 % in the same period and in 2005 phosphorus use was on average 7 kg per hectare. Nitrogen surplus at national level declined from 159 kg/ha in 1995 to 124 kg/ha in 2005. |
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(9)

The number of livestock and the utilisation of chemical fertilisers decreased in the last decade. Cattle, pig and sheep number decreased respectively by 2 %, 36 % and 22 % in the period 1995-2005. Chemical nitrogen fertiliser use decreased by 41 % in the period 1995 to 2005 and the application rate for 2005 was 89 kg per hectare nitrogen, phosphate fertiliser use declined by 49 % in the same period and in 2005 phosphorus use was on average 7 kg per hectare. Nitrogen surplus at national level declined from 159 kg/ha in 1995 to 124 kg/ha in 2005.

| (10) | Due to high rainfall and the prevalence of soil with poor drainage, in Northern Ireland, ninety-three percent of agricultural land is devoted to grassland, of which a large part is classified as having good to very good potential for grass growth. Due to impeded drainage, the denitrification potential of the majority of soils in Northern Ireland is relatively high, reducing the nitrate concentration in soil and, therefore, the amount of nitrate susceptible to leaching. |
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(10)

Due to high rainfall and the prevalence of soil with poor drainage, in Northern Ireland, ninety-three percent of agricultural land is devoted to grassland, of which a large part is classified as having good to very good potential for grass growth. Due to impeded drainage, the denitrification potential of the majority of soils in Northern Ireland is relatively high, reducing the nitrate concentration in soil and, therefore, the amount of nitrate susceptible to leaching.

| (11) | In Northern Ireland 70 % of the land is farmed extensively and 45 % of the total land area is farmed under agro-environmental schemes. |
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(11)

In Northern Ireland 70 % of the land is farmed extensively and 45 % of the total land area is farmed under agro-environmental schemes.

| (12) | The Northern Irish climate, characterised by an annual rainfall evenly distributed throughout the year and a relatively narrow annual temperature range promotes a relatively long grass-growing season ranging from 270 days per year in the coastal area to the east to around 260 days per year in the central lowlands where land is actively managed and farmed. |
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(12)

The Northern Irish climate, characterised by an annual rainfall evenly distributed throughout the year and a relatively narrow annual temperature range promotes a relatively long grass-growing season ranging from 270 days per year in the coastal area to the east to around 260 days per year in the central lowlands where land is actively managed and farmed.

| (13) | The supporting documents presented in the notification show that the proposed amount of 250 kg per hectare per year nitrogen from grazing livestock manure in grassland farms is justified on the basis of objective criteria such as long growing seasons and crops with high nitrogen uptake. |
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(13)

The supporting documents presented in the notification show that the proposed amount of 250 kg per hectare per year nitrogen from grazing livestock manure in grassland farms is justified on the basis of objective criteria such as long growing seasons and crops with high nitrogen uptake.

| (14) | The Commission, after examination of the request, considers that the proposed amount of 250 kg per hectare will not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met. |
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(14)

The Commission, after examination of the request, considers that the proposed amount of 250 kg per hectare will not prejudice the achievement of the objectives of Directive 91/676/EEC, subject to certain strict conditions being met.

| (15) | This Decision should be applicable in tandem with the Nitrates Action Programme Regulations (Northern Ireland) 2006, in force in Northern Ireland for the period 2007-2010. |
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(15)

This Decision should be applicable in tandem with the Nitrates Action Programme Regulations (Northern Ireland) 2006, in force in Northern Ireland for the period 2007-2010.

| (16) | The measures provided for in this Decision are in accordance with the opinion of the Nitrates Committee set up pursuant to Article 9 of Directive 91/676/EEC, |
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(16)

The measures provided for in this Decision are in accordance with the opinion of the Nitrates Committee set up pursuant to Article 9 of Directive 91/676/EEC,

HAS ADOPTED THIS DECISION:

Article 1

The derogation requested by the United Kingdom with regard to Northern Ireland by letter of 10 August 2007, for the purpose of allowing a higher amount of livestock manure than that provided for in the first sentence of the second subparagraph of paragraph 2 of Annex III to Directive 91/676/EEC and in point (a) thereof, is granted, subject to the conditions laid down in this Decision.

Article 2

Definitions

For the purpose of this decision, the following definitions shall apply:

| (a) | ‘Grassland farms’ means holdings where 80 % or more of the agricultural area available for manure application is grass, |
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(a)

‘Grassland farms’ means holdings where 80 % or more of the agricultural area available for manure application is grass,

| (b) | ‘Grazing livestock’ means cattle (with the exclusion of veal calves), sheep, deer, goats and horses, |
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(b)

‘Grazing livestock’ means cattle (with the exclusion of veal calves), sheep, deer, goats and horses,

| (c) | ‘Grass’ means permanent grassland or temporary grassland (temporary implying leys of less than four years). |
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(c)

‘Grass’ means permanent grassland or temporary grassland (temporary implying leys of less than four years).

Article 3

Scope

This Decision applies on an individual basis and subject to the conditions set out in Articles 4, 5 and 6 to grassland farms.

Article 4

Annual authorisation and commitment

1.   Farmers who want to benefit from a derogation shall submit an application to the competent authorities annually.

2.   Together with the annual application referred to in paragraph 1 they shall undertake in writing to fulfil the conditions provided for in Articles 5 and 6.

3.   The competent authorities shall ensure that all the applications for derogation are submitted to administrative control. Where the control carried out by the national authorities of the applications referred to in paragraph 1 demonstrates that the conditions provided for in Articles 5 and 6 are not fulfilled, the applicant shall be informed thereof. In this instance, the application shall be considered to be refused.

Article 5

Application of manure and other fertilisers

1.   The amount of livestock manure from grazing livestock applied to the land each year on grassland farms, including by the animals themselves, shall not exceed the amount of manure containing 250 kg nitrogen per hectare, subject to the conditions laid down in paragraphs 2 to 8.

2.   The total nitrogen inputs shall not exceed the foreseeable nutrient demand of the considered crop and take into account the supply from the soil.

3.   A fertilisation plan shall be kept for each farm describing the crop rotation of the farmland and the planned application of manure and nitrogen and phosphate fertilisers. It shall be available in the farm each calendar year by 1 March at the latest.

The fertilisation plan shall include the following:

| (a) | the number of livestock, a description of the housing and storage system, including the volume of manure storage available; |
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(a)

the number of livestock, a description of the housing and storage system, including the volume of manure storage available;

| (b) | a calculation of manure nitrogen (less losses in housing and storage) and phosphorus produced in the farm; |
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(b)

a calculation of manure nitrogen (less losses in housing and storage) and phosphorus produced in the farm;

| (c) | the crop rotation and area of each crop, including a sketch map indicating location of individual fields; |
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(c)

the crop rotation and area of each crop, including a sketch map indicating location of individual fields;

| (d) | the foreseeable nitrogen and phosphorus crop requirements; |
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(d)

the foreseeable nitrogen and phosphorus crop requirements;

| (e) | the amount and the type of manure delivered outside the farm or to the farm; |
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(e)

the amount and the type of manure delivered outside the farm or to the farm;

| (f) | results of soil analysis related to nitrogen and phosphorus soil status if available; |
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(f)

results of soil analysis related to nitrogen and phosphorus soil status if available;

| (g) | nitrogen and phosphorus application from manure over each field (parcels of the farm homogeneous regarding cropping and soil type); |
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(g)

nitrogen and phosphorus application from manure over each field (parcels of the farm homogeneous regarding cropping and soil type);

| (h) | application of nitrogen and phosphorus with chemical and other fertilisers over each field. |
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(h)

application of nitrogen and phosphorus with chemical and other fertilisers over each field.

Plans shall be revised no later than seven days following any changes in agricultural practices to ensure consistency between plans and actual agricultural practices.

4.   Fertilisation accounts, including information related to management of dirty water and phosphorus inputs, shall be kept by each farm. They shall be submitted to the competent authority for each calendar year.

5.   Each grassland farm benefiting from an individual derogation shall accept that the application referred to in Article 4(1), the fertilisation plan and the fertilisation accounts can be subject to control.

6.   Nitrogen and phosphorous analysis in soil shall be performed for each farm benefiting from an individual derogation at least every four years for each homogeneous area of the farm, with regard to crop rotation and soil characteristics. At least one analysis per five hectares of farmland shall be required.

7.   Manure may not be spread in the autumn before grass cultivation.

8.   Each grassland farm benefiting from an individual derogation shall ensure that the phosphorus balance, calculated according to the methodology established by the competent authority in compliance with Article 7(2) of this Decision, does not exceed a surplus of 10 kg phosphorus per hectare per year.

Article 6

Land management

80 % or more of the acreage available for manure application on farms shall be cultivated with grass. Farmers benefiting from an individual derogation shall carry out the following measures:

| (a) | temporary grassland shall be ploughed in spring; |
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(a)

temporary grassland shall be ploughed in spring;

| (b) | ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand; |
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(b)

ploughed grass on all soil types shall be followed immediately by a crop with high nitrogen demand;

| (c) | crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen. This will however not apply to clover in grassland with less than 50 % clover and to cereals and pea undersown with grass. |
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(c)

crop rotation shall not include leguminous or other plants fixing atmospheric nitrogen. This will however not apply to clover in grassland with less than 50 % clover and to cereals and pea undersown with grass.

Article 7

Other measures

1.   This derogation shall be applied without prejudice to the measures needed to comply with other Community environmental legislation.

2.   The competent authorities shall establish and submit to the Commission the detailed procedure for the calculation of the phosphorus balance in derogation farms taking into account the input of phosphate with concentrate, forage and fertilisers and the output into products (live animal, meat and other animal products), forage and crops.

Article 8

Monitoring

1.   Maps showing the percentage of grassland farms, percentage of livestock and percentage of agricultural land covered by an individual derogation in each District, shall be drawn by the competent authority and shall be updated every year. Those maps shall be submitted to the Commission annually and for the first time by 1 May 2008.

2.   Monitoring of the farms covered by the action programme and the derogation shall be carried out at farm field scale and in agricultural monitoring catchments. The reference monitoring catchments shall be representative of the different soil types, levels of intensity and fertilisation practices.

3.   Survey and nutrient analysis shall provide data on local land use, crop rotations and agricultural practices on farms benefiting from individual derogations. Those data can be used for model-based calculations of the magnitude of nitrate leaching and phosphorus losses from fields where up to 250 kg nitrogen per hectare per year in manure from grazing livestock is applied.

4.   Monitoring of shallow groundwater, soil water, drainage water and streams in farms belonging to the agricultural catchment monitoring sites shall provide data on nitrate and phosphorus concentration in water leaving the root zone and entering groundwater and surface water.

5.   A reinforced water monitoring shall be conducted for agricultural catchments located in proximity to most vulnerable lakes.

6.   A study shall be conducted in order to collect, by the end of the derogation period, detailed scientific information on intensive grassland systems in order to improve nutrient management. This study will focus on nutrient losses, including nitrates leaching, denitrification losses and phosphate losses, under intensive dairy production systems in representative areas.

Article 9

Controls

1.   The competent national authority shall carry out administrative controls in respect of all farms benefiting from an individual derogation for the assessment of compliance with the maximum amount of 250 kg nitrogen per hectare per year from grazing livestock manure, with nitrogen and phosphorus maximum fertilisation rates and conditions on land use.

2.   A programme of field inspections shall be established based on risk analysis, results of controls of the previous years and results of general random controls of legislation implementing Directive 91/676/EEC. The field inspections shall cover at least 3 % of farms benefiting from an individual derogation in respect to the conditions set out in Article 5 and 6.

Article 10

Reporting

1.   The competent authority shall submit the results of the monitoring every year to the Commission, with a concise report on water quality evolution and evaluation practice. The report shall provide information on how the evaluation of the implementation of the derogation conditions is carried on through controls at farm level and include information on non compliant farms based on results of administrative and field inspections.

The first report shall be transmitted by November 2008, and subsequently every year by June.

2.   The results thus obtained will be taken into consideration by the Commission with regard to an eventual new request for derogation.

Article 11

Application

This Decision shall apply in the context of the Nitrates Action Programme Regulations (Northern Ireland) 2006 (Regulations 2006 No 489) of 1 December 2006. It shall expire on 31 December 2010.

Article 12

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 14 December 2007.

For the Commission

Stavros DIMAS

Member of the Commission

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(1)  OJ L 375, 31.12.1991, p. 1. Directive as amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

1

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| 21.12.2007 | EN | Official Journal of the European Union | L 337/127 |
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21.12.2007

EN

Official Journal of the European Union

L 337/127

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COMMISSION DECISION

of 20 December 2007

amending Appendix B to Annex XII to the 2003 Act of Accession as regards certain establishments in the meat sector in Poland

(notified under document number C(2007) 6490)

(Text with EEA relevance)

(2007/864/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Annex XII, Chapter 6, Section B, Subsection I(1), paragraph (e) thereto,

Whereas:

| (1) | Poland has been granted transitional periods for certain establishments listed in Appendix B (1) to Annex XII to the 2003 Act of Accession. The possibility to grant transitional periods for meat establishments in Poland ends on 31 December 2007. |
| --- | --- |

(1)

Poland has been granted transitional periods for certain establishments listed in Appendix B (1) to Annex XII to the 2003 Act of Accession. The possibility to grant transitional periods for meat establishments in Poland ends on 31 December 2007.

| (2) | Appendix B to Annex XII to the 2003 Act of Accession has been amended by Commission Decisions 2004/458/EC (2), 2004/471/EC (3), 2004/474/EC (4), 2005/271/EC (5), 2005/591/EC (6), 2005/854/EC (7), 2006/14/EC (8), 2006/196/EC (9), 2006/404/EC (10), 2006/555/EC (11), 2006/935/EC (12), 2007/202/EC (13), 2007/443/EC (14) and 2007/555/EC (15). |
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(2)

Appendix B to Annex XII to the 2003 Act of Accession has been amended by Commission Decisions 2004/458/EC (2), 2004/471/EC (3), 2004/474/EC (4), 2005/271/EC (5), 2005/591/EC (6), 2005/854/EC (7), 2006/14/EC (8), 2006/196/EC (9), 2006/404/EC (10), 2006/555/EC (11), 2006/935/EC (12), 2007/202/EC (13), 2007/443/EC (14) and 2007/555/EC (15).

| (3) | According to an official declaration from the Polish competent authority certain establishments in the meat sector have completed their upgrading process and are now in full compliance with Community legislation. Certain establishments have ceased activities for which they have obtained a transitional period. Those establishments should therefore be deleted from the list of establishments in transition. |
| --- | --- |

(3)

According to an official declaration from the Polish competent authority certain establishments in the meat sector have completed their upgrading process and are now in full compliance with Community legislation. Certain establishments have ceased activities for which they have obtained a transitional period. Those establishments should therefore be deleted from the list of establishments in transition.

| (4) | Appendix B to Annex XII to the 2003 Act of Accession should therefore be amended accordingly. |
| --- | --- |

(4)

Appendix B to Annex XII to the 2003 Act of Accession should therefore be amended accordingly.

| (5) | The Standing Committee on the Food Chain and Animal Health has been informed of the measures provided for in this Decision, |
| --- | --- |

(5)

The Standing Committee on the Food Chain and Animal Health has been informed of the measures provided for in this Decision,

HAS ADOPTED THIS DECISION:

Article 1

The establishments listed in the Annex to this Decision are deleted from Appendix B to Annex XII to the 2003 Act of Accession.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 20 December 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ C 227 E, 23.9.2003, p. 1392.

1

(2)  OJ L 156, 30.4.2004, p. 52, as corrected by OJ L 202, 7.6.2004, p. 39.

2

(3)  OJ L 160, 30.4.2004, p. 56, as corrected by OJ L 212, 12.6.2004, p. 31.

3

(4)  OJ L 160, 30.4.2004, p. 74, as corrected by OJ L 212, 12.6.2004, p. 44.

4

(5)  OJ L 86, 5.4.2005, p. 13.

5

(6)  OJ L 200, 30.7.2005, p. 96.

6

(7)  OJ L 316, 2.12.2005, p. 17.

7

(8)  OJ L 10, 14.1.2006, p. 66.

8

(9)  OJ L 70, 9.3.2006, p. 80.

9

(10)  OJ L 156, 9.6.2006, p. 16.

10

(11)  OJ L 218, 9.8.2006, p. 17.

11

(12)  OJ L 355, 15.12.2006, p. 105.

12

(13)  OJ L 90, 30.3.2007, p. 86.

13

(14)  OJ L 166, 28.6.2007, p. 24.

14

(15)  OJ L 212, 14.8.2007, p. 3.

15

---

ANNEX

List of establishments to be deleted from Appendix B to Annex XII to the 2003 Act of Accession

List of red meat establishments in transition

| No | Veterinary No | Name of establishments |
| --- | --- | --- |
| 2 | 02200301 | Zakład Przetwórstwa Mięsnego „Tarczyński” Sp. z o.o. |
| 9 | 06020203 | Zakłady Mięsne w Biłgoraju Czesław Sobczak |
| 11 | 06020208 | Zakład Mięsny „Romex” Romuald Chołota |
| 34 | 12100112 | P.P.H.U. „KWARTET” Ubojnia Zwierząt |
| 52 | 14370201 | Zakład Rzeźniczo-Wędliniarski S. J. Z. Motylewski – J. Zaborowski |
| 53 | 14140301 | Zakład Przetwórstwa Mięsnego „SZYNKO-POL” Spółka z o.o. |
| 54 | 14250309 | Sp. z o.o. KAMAR |
| 60 | 16010301 | PPHU „PIM” s.j. |
| 67 | 22630302 | Zakład Przetwórstwa Mięsnego M. Korganowski |
| 68 | 22120303 | Zakład Przetwórstwa Mięsnego M. Korganowski |
| 74 | 24040211 | Przetwórstwo Mięsa Andrzej Kosiński |
| 84 | 26610201 | Zakłady Mięsne S.A. Kielce |
| 94 | 30210307 | ALBAN Sp. z o.o. Jerzy Kniat |
| 98 | 30270206 | PPH PEKTUR s.j. Jerzy Pacholski, Marek Domeński |

No

Veterinary No

Name of establishments

2

02200301

Zakład Przetwórstwa Mięsnego „Tarczyński” Sp. z o.o.

9

06020203

Zakłady Mięsne w Biłgoraju Czesław Sobczak

11

06020208

Zakład Mięsny „Romex” Romuald Chołota

34

12100112

P.P.H.U. „KWARTET” Ubojnia Zwierząt

52

14370201

Zakład Rzeźniczo-Wędliniarski S. J. Z. Motylewski – J. Zaborowski

53

14140301

Zakład Przetwórstwa Mięsnego „SZYNKO-POL” Spółka z o.o.

54

14250309

Sp. z o.o. KAMAR

60

16010301

PPHU „PIM” s.j.

67

22630302

Zakład Przetwórstwa Mięsnego M. Korganowski

68

22120303

Zakład Przetwórstwa Mięsnego M. Korganowski

74

24040211

Przetwórstwo Mięsa Andrzej Kosiński

84

26610201

Zakłady Mięsne S.A. Kielce

94

30210307

ALBAN Sp. z o.o. Jerzy Kniat

98

30270206

PPH PEKTUR s.j. Jerzy Pacholski, Marek Domeński

List of white meat establishments

| 109 | 14250604 | Krzyżanowscy |
| --- | --- | --- |
| 113 | 30170401 | PPHEI AWRA Sp. z o.o. |

109

14250604

Krzyżanowscy

113

30170401

PPHEI AWRA Sp. z o.o.

List of red meat low capacity establishments

| 116 | PPHU „Elbro” Furmanek spółka jawna |
| --- | --- |
| ul. Kościelna 6, 76-032 Mielno, oddział Siemianice, |
| ul. Polna 1, 76-200 Słupsk |

116

PPHU „Elbro” Furmanek spółka jawna

ul. Kościelna 6, 76-032 Mielno, oddział Siemianice,

ul. Polna 1, 76-200 Słupsk

---

| 21.12.2007 | EN | Official Journal of the European Union | L 337/129 |
| --- | --- | --- | --- |

21.12.2007

EN

Official Journal of the European Union

L 337/129

---

COMMISSION DECISION

of 20 December 2007

amending Appendix B to Annex XII to the 2003 Act of Accession as regards certain establishments in the meat sector in Poland

(notified under document number C(2007) 6494)

(Text with EEA relevance)

(2007/865/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, and in particular Annex XII, Chapter 6, Section B, Subsection I(1), paragraph (e) thereto,

Whereas:

| (1) | Poland has been granted transitional periods for certain establishments listed in Appendix B (1) to Annex XII to the 2003 Act of Accession. The possibility to grant transitional periods for meat establishments in Poland ends on 31 December 2007. |
| --- | --- |

(1)

Poland has been granted transitional periods for certain establishments listed in Appendix B (1) to Annex XII to the 2003 Act of Accession. The possibility to grant transitional periods for meat establishments in Poland ends on 31 December 2007.

| (2) | Appendix B to Annex XII to the 2003 Act of Accession has been amended by Commission Decisions 2004/458/EC (2), 2004/471/EC (3), 2004/474/EC (4), 2005/271/EC (5), 2005/591/EC (6), 2005/854/EC (7), 2006/14/EC (8), 2006/196/EC (9), 2006/404/EC (10), 2006/555/EC (11), 2006/935/EC (12), 2007/202/EC (13), 2007/443/EC (14), 2007/555/EC (15) and 2007/864/EC (16). |
| --- | --- |

(2)

Appendix B to Annex XII to the 2003 Act of Accession has been amended by Commission Decisions 2004/458/EC (2), 2004/471/EC (3), 2004/474/EC (4), 2005/271/EC (5), 2005/591/EC (6), 2005/854/EC (7), 2006/14/EC (8), 2006/196/EC (9), 2006/404/EC (10), 2006/555/EC (11), 2006/935/EC (12), 2007/202/EC (13), 2007/443/EC (14), 2007/555/EC (15) and 2007/864/EC (16).

| (3) | According to an official declaration from the Polish competent authority certain establishments in the meat sector have completed their upgrading process and are now in full compliance with Community legislation. Certain establishments have ceased activities for which they have obtained a transitional period. Those establishments should therefore be deleted from the list of establishments in transition. |
| --- | --- |

(3)

According to an official declaration from the Polish competent authority certain establishments in the meat sector have completed their upgrading process and are now in full compliance with Community legislation. Certain establishments have ceased activities for which they have obtained a transitional period. Those establishments should therefore be deleted from the list of establishments in transition.

| (4) | Appendix B to Annex XII to the 2003 Act of Accession should therefore be amended accordingly. |
| --- | --- |

(4)

Appendix B to Annex XII to the 2003 Act of Accession should therefore be amended accordingly.

| (5) | The Standing Committee on the Food Chain and Animal Health has been informed of the measures provided for in this Decision, |
| --- | --- |

(5)

The Standing Committee on the Food Chain and Animal Health has been informed of the measures provided for in this Decision,

HAS ADOPTED THIS DECISION:

Article 1

The establishments listed in the Annex to this Decision are deleted from Appendix B to Annex XII to the 2003 Act of Accession.

Article 2

This Decision is addressed to the Member States.

Done at Brussels, 20 December 2007.

For the Commission

Markos KYPRIANOU

Member of the Commission

---

(1)  OJ C 227 E, 23.9.2003, p. 1392.

1

(2)  OJ L 156, 30.4.2004, p. 52; corrected version (OJ L 202, 7.6.2004, p. 39).

2

(3)  OJ L 160, 30.4.2004, p. 58; corrected version (OJ L 212, 12.6.2004, p. 31).

3

(4)  OJ L 160, 30.4.2004, p. 74; corrected version (OJ L 212, 12.6.2004, p. 44).

4

(5)  OJ L 86, 5.4.2005, p. 13.

5

(6)  OJ L 200, 30.7.2005, p. 96.

6

(7)  OJ L 316, 2.12.2005, p. 17.

7

(8)  OJ L 10, 14.1.2006, p. 66.

8

(9)  OJ L 70, 9.3.2006, p. 80.

9

(10)  OJ L 156, 9.6.2006, p. 16.

10

(11)  OJ L 218, 9.8.2006, p. 17.

11

(12)  OJ L 355, 15.12.2006, p. 105.

12

(13)  OJ L 90, 30.3.2007, p. 86.

13

(14)  OJ L 166, 28.6.2007, p. 24.

14

(15)  OJ L 212, 14.8.2007, p. 3.

15

(16)  See page 127 of this Official Journal.

16

---

ANNEX

List of establishments to be deleted from Appendix B to Annex XII to the 2003 Act of Accession

List of red meat establishments in transition

| No | Veterinary No | Name of establishment |
| --- | --- | --- |
| 1 | 02120206 | Zakład Mięsny Sp. jawna D.M. Niebieszczańscy |
| 3 | 02240301 | P.P.H. „HE-MA” Przetwórnia Mięsa |
| 5 | 06080204 | „SŁOMKA” Sp. j. Andrzej Słomka, Waldemar Słomka |
| 6 | 06080201 | Zakład Przetwórstwa Mięsnego Bożena i Kazimierz Wójcik |
| 7 | 06080301 | „GIZET” Sp. j. I. Galińska, B. Galińska |
| 8 | 06020207 | PPH „MISA – W” Andrzej Wasąg |
| 10 | 06070201 | Zakład Przetwórstwa Mięsnego „MAX” Sp. j. |
| 12 | 06180210 | Zakład Przetwórstwa Mięsnego Sp. j. Wrębiak, Witkowski |
| 13 | 06200203 | „Agrozam” Sp. z o.o. |
| 14 | 06090202 | PHU Kowalczykowski Stanisław |
| 15 | 08040204 | Biuro Handlowe „AMBERMAX” Sp. z o.o. |
| 16 | 08060203 | Zakład Masarniczy Stanisław Przewoźny |
| 17 | 08070201 | Zakład Przetwórstwa Mięsnego „WARTA” |
| 18 | 08080201 | Zakłady Mięsne „TARGED” Sp. z o.o. |
| 19 | 08090202 | Przedsiębiorstwo „DEREKS” Sp. z o.o. |
| 20 | 08100101 | Przedsiębiorstwo Produkcyjno-Handlowe „Rolvex” Sp. z o.o. |
| 21 | 08100204 | Zakład Masarniczy „Czernicki i syn” Jarosław Czernicki |
| 22 | 10060308 | ZAKŁAD PRZETWÓRSTWA MIĘSNEGO |
| 23 | 10060215 | ZMS „ŚCIBIORÓW” |
| 24 | 10610307 | PPU „JUMAR” |
| 25 | 10030303 | Zakład Wędliniarski Władysław Gabrysiak |
| 26 | 10020202 | Zakład Przetw. Mięsn. „KONIAREK” |
| 27 | 10610311 | Zakłady Mięsne „Wędzonka” |
| 29 | 12030203 | Zakład Przetwórstwa Mięsnego s.j. |
| 30 | 12050304 | F.P.H.U. „ANGELA” s.j. |
| 31 | 12060329 | „BOREX-BECON” s.j. |
| 32 | 12060203 | Firma „ADOZ” |
| 33 | 12100304 | Firma Produkcyjno-Handlowa Maria i Zbigniew Szubryt Zakład Masarski Biczyce Dolne |
| 35 | 12120323 | Zakład Przetwórstwa Mięsa, Sp. z o.o., Z. Pr. Chr. „BASO” |
| 36 | 12180204 | „Adam Bąk – Wieprz” Sp. z o.o. |
| 37 | 12180205 | Rzeźnictwo-Wędliniarstwo J. Tomczyk |
| 38 | 12180307 | Rzeźnictwo-Wędliniarstwo Maciej Szlagor |
| 39 | 12150304 | Zakłady Mięsne „MIŚKOWIEC” s.j. |
| 40 | 12190104 | Ubojnia Zwierząt Rzeźnych Skup i Sprzedaż Ćwierci, Jacek Śliwa |
| 41 | 12190205 | P.P.H.U. „RACHOŃ” s.c. |
| 42 | 14160205 | Zakłady Mięsne „Mazowsze” |
| 43 | 14160201 | Przetwórstwo Mięsne „KOSPOL” |
| 44 | 14300204 | Zakład Masarski „Zbyszko” |
| 45 | 14190204 | Zakład Masarski „Danko” |
| 47 | 14050201 | Zakład Produkcyjno-Handlowy Przetwórstwo Mięsne Zbigniew Pniewski |
| 49 | 14310306 | P.P.H. Hetman A. J. Lucińscy Zakład Masarski |
| 50 | 14340302 | Zakład Masarski Radzymin s.c. |
| 51 | 14340310 | Zakład Masarski „Mareta” Sp. J. T.A. Kłobuk E.W. Kacprzak |
| 55 | 14250327 | Zakład Przetwórstwa Flaków |
| 56 | 14250104 | Zakład Masarski „Sadełko” – Czapla – Świniarski Sp. J. |
| 57 | 14250201 | P.P.H.U. „Nasz Produkt” Z. P. CHR. |
| 58 | 14250202 | Masarnia ELMAS |
| 59 | 16010101 | PPHU „PORKPOL” |
| 61 | 18070301 | Zakład Masarski KON-BIT |
| 62 | 18110302 | Firma Produkcyjno-Handlowa Andrzej Kurek |
| 63 | 18160204 | Zakłady Mięsne „Dworak” |
| 64 | 20040202 | Zakład Przemysłu Mięsnego „Europa” S. i Z. Zielińscy Sp. J. |
| 65 | 22040301 | Masarnia Alicja Andrzej Majer |
| 66 | 22040306 | Zakład Przetwórstwa Mięsnego Jerzy Labuda |
| 69 | 24020203 | Rzeźnictwo i Handel Stanisław Kapecki |
| 70 | 24020308 | Zakład Przetwórstwa Mięsnego Józef Bozek |
| 71 | 24020328 | Przetwórstwo Mięsne Emil Droń |
| 72 | 24610311 | „OAZA” Sp. z o.o. |
| 73 | 24040204 | Zakład Przetwórstwa Mięsnego „UNILANG” |
| 75 | 24040304 | PPHU „Zakłady Mięsne Lubliniec” E.R.J Drążek |
| 76 | 24070209 | Zakłady Mięsne „JANDAR” Sp. z o.o. |
| 77 | 24120104 | Marian Procek – Ubój, Skup i Sprzedaż |
| 78 | 24160302 | „NELPOL” s.c. |
| 79 | 24170303 | Zakład Przetwórstwa Mięsnego „Błachut” |
| 80 | 26040101 | Ubojnia Bydła i Trzody – Ludwik Andrzej Stąpór |
| 81 | 26040307 | Wyrób i Sprzedaż Artykułów Mięsnych – S. Woźniak |
| 82 | 26040316 | PPHU „KORREKT” Wytwórnia Wędlin |
| 83 | 26090201 | FHPU „Tarkowski” |
| 85 | 26610303 | Przetwórnia Mięsa – Antonii Kamiński |
| 86 | 28010202 | Zakład Uboju i Przetwórstwa Mięsnego s.c. Helena Rapa — Marek Jasiński |
| 87 | 28010201 | Zakłady Mięsne Pek-Bart Sp. z o.o. |
| 88 | 28090201 | Zakład Uboju i Przetwórstwa Mięsa i Wędlin, Krzysztof Brzeziński |
| 89 | 30070203 | PPH „POLSKIE MIĘSO”, Krążyński s.j. |
| 90 | 30120307 | ZPM „Janex” |
| 91 | 30180202 | STEK-POL Przetwórstwo Mięsa Kazimierz i Jacek Stempniewicz |
| 92 | 30180304 | Firma Produkcyjno Handlowa Paweł Łuczak |
| 93 | 30200101 | Ubój Zwierząt Ptak, Michalak s.j. |
| 95 | 30240202 | „KARWEX” s.c. Zakład Masarski |
| 96 | 30240205 | Zakład Masarski s.c. Psarskie |
| 97 | 30260202 | Rzeźnictwo Wędliniarstwo S.c. Urszula i Wiesław Ciachowscy |
| 99 | 30270308 | Zakład Mięsny MAS POL, Tomasz Jacaszek |
| 100 | 32070201 | „Rol-Banc” Sp. z o.o. |
| 101 | 32140207 | Spółdzielcza Agrofirma Witkowo |
| 102 | 32160202 | „Fermapol” Sp. z o.o. Rzeźnia w Smardzku |

No

Veterinary No

Name of establishment

1

02120206

Zakład Mięsny Sp. jawna D.M. Niebieszczańscy

3

02240301

P.P.H. „HE-MA” Przetwórnia Mięsa

5

06080204

„SŁOMKA” Sp. j. Andrzej Słomka, Waldemar Słomka

6

06080201

Zakład Przetwórstwa Mięsnego Bożena i Kazimierz Wójcik

7

06080301

„GIZET” Sp. j. I. Galińska, B. Galińska

8

06020207

PPH „MISA – W” Andrzej Wasąg

10

06070201

Zakład Przetwórstwa Mięsnego „MAX” Sp. j.

12

06180210

Zakład Przetwórstwa Mięsnego Sp. j. Wrębiak, Witkowski

13

06200203

„Agrozam” Sp. z o.o.

14

06090202

PHU Kowalczykowski Stanisław

15

08040204

Biuro Handlowe „AMBERMAX” Sp. z o.o.

16

08060203

Zakład Masarniczy Stanisław Przewoźny

17

08070201

Zakład Przetwórstwa Mięsnego „WARTA”

18

08080201

Zakłady Mięsne „TARGED” Sp. z o.o.

19

08090202

Przedsiębiorstwo „DEREKS” Sp. z o.o.

20

08100101

Przedsiębiorstwo Produkcyjno-Handlowe „Rolvex” Sp. z o.o.

21

08100204

Zakład Masarniczy „Czernicki i syn” Jarosław Czernicki

22

10060308

ZAKŁAD PRZETWÓRSTWA MIĘSNEGO

23

10060215

ZMS „ŚCIBIORÓW”

24

10610307

PPU „JUMAR”

25

10030303

Zakład Wędliniarski Władysław Gabrysiak

26

10020202

Zakład Przetw. Mięsn. „KONIAREK”

27

10610311

Zakłady Mięsne „Wędzonka”

29

12030203

Zakład Przetwórstwa Mięsnego s.j.

30

12050304

F.P.H.U. „ANGELA” s.j.

31

12060329

„BOREX-BECON” s.j.

32

12060203

Firma „ADOZ”

33

12100304

Firma Produkcyjno-Handlowa Maria i Zbigniew Szubryt Zakład Masarski Biczyce Dolne

35

12120323

Zakład Przetwórstwa Mięsa, Sp. z o.o., Z. Pr. Chr. „BASO”

36

12180204

„Adam Bąk – Wieprz” Sp. z o.o.

37

12180205

Rzeźnictwo-Wędliniarstwo J. Tomczyk

38

12180307

Rzeźnictwo-Wędliniarstwo Maciej Szlagor

39

12150304

Zakłady Mięsne „MIŚKOWIEC” s.j.

40

12190104

Ubojnia Zwierząt Rzeźnych Skup i Sprzedaż Ćwierci, Jacek Śliwa

41

12190205

P.P.H.U. „RACHOŃ” s.c.

42

14160205

Zakłady Mięsne „Mazowsze”

43

14160201

Przetwórstwo Mięsne „KOSPOL”

44

14300204

Zakład Masarski „Zbyszko”

45

14190204

Zakład Masarski „Danko”

47

14050201

Zakład Produkcyjno-Handlowy Przetwórstwo Mięsne Zbigniew Pniewski

49

14310306

P.P.H. Hetman A. J. Lucińscy Zakład Masarski

50

14340302

Zakład Masarski Radzymin s.c.

51

14340310

Zakład Masarski „Mareta” Sp. J. T.A. Kłobuk E.W. Kacprzak

55

14250327

Zakład Przetwórstwa Flaków

56

14250104

Zakład Masarski „Sadełko” – Czapla – Świniarski Sp. J.

57

14250201

P.P.H.U. „Nasz Produkt” Z. P. CHR.

58

14250202

Masarnia ELMAS

59

16010101

PPHU „PORKPOL”

61

18070301

Zakład Masarski KON-BIT

62

18110302

Firma Produkcyjno-Handlowa Andrzej Kurek

63

18160204

Zakłady Mięsne „Dworak”

64

20040202

Zakład Przemysłu Mięsnego „Europa” S. i Z. Zielińscy Sp. J.

65

22040301

Masarnia Alicja Andrzej Majer

66

22040306

Zakład Przetwórstwa Mięsnego Jerzy Labuda

69

24020203

Rzeźnictwo i Handel Stanisław Kapecki

70

24020308

Zakład Przetwórstwa Mięsnego Józef Bozek

71

24020328

Przetwórstwo Mięsne Emil Droń

72

24610311

„OAZA” Sp. z o.o.

73

24040204

Zakład Przetwórstwa Mięsnego „UNILANG”

75

24040304

PPHU „Zakłady Mięsne Lubliniec” E.R.J Drążek

76

24070209

Zakłady Mięsne „JANDAR” Sp. z o.o.

77

24120104

Marian Procek – Ubój, Skup i Sprzedaż

78

24160302

„NELPOL” s.c.

79

24170303

Zakład Przetwórstwa Mięsnego „Błachut”

80

26040101

Ubojnia Bydła i Trzody – Ludwik Andrzej Stąpór

81

26040307

Wyrób i Sprzedaż Artykułów Mięsnych – S. Woźniak

82

26040316

PPHU „KORREKT” Wytwórnia Wędlin

83

26090201

FHPU „Tarkowski”

85

26610303

Przetwórnia Mięsa – Antonii Kamiński

86

28010202

Zakład Uboju i Przetwórstwa Mięsnego s.c. Helena Rapa — Marek Jasiński

87

28010201

Zakłady Mięsne Pek-Bart Sp. z o.o.

88

28090201

Zakład Uboju i Przetwórstwa Mięsa i Wędlin, Krzysztof Brzeziński

89

30070203

PPH „POLSKIE MIĘSO”, Krążyński s.j.

90

30120307

ZPM „Janex”

91

30180202

STEK-POL Przetwórstwo Mięsa Kazimierz i Jacek Stempniewicz

92

30180304

Firma Produkcyjno Handlowa Paweł Łuczak

93

30200101

Ubój Zwierząt Ptak, Michalak s.j.

95

30240202

„KARWEX” s.c. Zakład Masarski

96

30240205

Zakład Masarski s.c. Psarskie

97

30260202

Rzeźnictwo Wędliniarstwo S.c. Urszula i Wiesław Ciachowscy

99

30270308

Zakład Mięsny MAS POL, Tomasz Jacaszek

100

32070201

„Rol-Banc” Sp. z o.o.

101

32140207

Spółdzielcza Agrofirma Witkowo

102

32160202

„Fermapol” Sp. z o.o. Rzeźnia w Smardzku

List of white meat establishments in transition

| No | Veterinary No | Name of establishment |
| --- | --- | --- |
| 103 | 02190623 | „Mirjan” Sp. z o.o. M.J. Olendzcy |
| 104 | 08030601 | PPHU „W-D” Sp. z o.o. |
| 105 | 08040501 | „STUDRÓB” Sp. z o.o. |
| 106 | 12030620 | Hurtownia Drobiu „KOKO” Jolanta Kozyra |
| 107 | 12180502 | Z.M. „BRADO-2” S.A. |
| 108 | 12180503 | „KO – BO” S.c. Bartosz Kot, Stanisław Wnęcek |
| 110 | 26040501 | PPH „KIELDRÓB” S.c. |
| 111 | 26100401 | „KULJASZ” S.j. J.W.Sz. Kuliński |
| 112 | 30090401 | Ubojnia Drobiu – Marcin Frątczak |
| 114 | 32140502 | Spółdzielcza Agrofirma Witkowo |

No

Veterinary No

Name of establishment

103

02190623

„Mirjan” Sp. z o.o. M.J. Olendzcy

104

08030601

PPHU „W-D” Sp. z o.o.

105

08040501

„STUDRÓB” Sp. z o.o.

106

12030620

Hurtownia Drobiu „KOKO” Jolanta Kozyra

107

12180502

Z.M. „BRADO-2” S.A.

108

12180503

„KO – BO” S.c. Bartosz Kot, Stanisław Wnęcek

110

26040501

PPH „KIELDRÓB” S.c.

111

26100401

„KULJASZ” S.j. J.W.Sz. Kuliński

112

30090401

Ubojnia Drobiu – Marcin Frątczak

114

32140502

Spółdzielcza Agrofirma Witkowo

List of red meat low capacity establishments in transition

| No | Name of establishment |
| --- | --- |
| 115 | „Nordis”; Chłodnie Polskie Sp. z o.o. Dział Produkcji Mrożonek ul. Zimna 1(a), 65-707 Zielona Góra |

No

Name of establishment

115

„Nordis”; Chłodnie Polskie Sp. z o.o. Dział Produkcji Mrożonek ul. Zimna 1(a), 65-707 Zielona Góra

List of mixed meat low capacity establishments in transition

| No | Name of establishment |
| --- | --- |
| 117 | „Rudopal” Sp. z o.o. Rudniki 109, 64-330 Opalenica |

No

Name of establishment

117

„Rudopal” Sp. z o.o. Rudniki 109, 64-330 Opalenica

List of cold stores in transition

| No | Veterinary No | Name of establishment | Date of full compliance |
| --- | --- | --- | --- |
| 118 | 26611101 | Przedsiębiorstwo
  Przemysłu Chłodniczego
  Chłodnia Kielce P.P. | 31.12.2007 |
| 119 | 30611101 | PPCh „Calfrost” | 31.12.2007 |

No

Veterinary No

Name of establishment

Date of full compliance

118

26611101

Przedsiębiorstwo

Przemysłu Chłodniczego

Chłodnia Kielce P.P.

31.12.2007

119

30611101

PPCh „Calfrost”

31.12.2007

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